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Reasons
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(영문) 수원지방법원 2014.11.14 2014나19001
임대료
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 30, 2011, the Plaintiff leased one warehouse located in AD (hereinafter “instant warehouse”) to the Defendant (a stock company C through a stock company to B, November 3, 2011) (hereinafter “instant warehouse”) with a deposit of KRW 16 million, monthly rent of KRW 1.6 million, and the lease period from September 30, 201 to September 30, 2013.

B. On September 21, 201, the Defendant: (a) paid the Plaintiff the deposit amount of KRW 1.6 million each on September 15, 201; and (b) moved the equipment, such as melting the equipment to the instant warehouse with the Plaintiff’s consent before the commencement of the lease term; (c) around September 21, 201, around 13:25, a fire that occurred in another warehouse adjacent to the instant warehouse, including the Defendant’s melting equipment, etc. (hereinafter “the instant fire”).

C. After that, the Plaintiff and the Defendant reconstructed the instant warehouse by construction for a period of two months. The Plaintiff and the Defendant agreed on November 12, 2012 (hereinafter “instant agreement”) and agreed on November 12, 2012. The main contents of the agreement are as follows.

1. The lessee shall transfer, to the account number F of the lessee, the amount of eight million won, which the lessee has demanded due to this fire, excluding the electric rent (after attachment of receipts) which was sealed before the lessee used;

2. The family list used by the lessee shall be calculated as 3.5 million won, and the lessee shall transfer the list to the above E account, and the lessee shall transfer the list to the lessor immediately after the remittance is confirmed;

3. The lessee agrees to immediately transfer the building and all facilities that have been used to the lessor upon the termination of the agreement with the lessor.

On November 12, 2012, according to the instant agreement, the Plaintiff transferred KRW 5,004,640, and KRW 3,500,000 to the account of the Defendant’s Representative In-house Director G E, excluding the unpaid electricity charges of the Defendant.

[Reasons for Recognition]

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