logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.28 2015가단5349521
전대차 계약 내용 확인 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Defendant entered into a sub-lease contract with the Defendant on September 1, 2013, the following: “The portion inside the ship connected each point of Annex 1, 2, 3, 4, 5, 6, and 1 among the 1st floor of Seocho-gu Seoul Seocho-gu’s ground buildings (hereinafter “instant store”). The Plaintiff entered into the sub-lease contract with the Defendant to rent the instant store from September 1, 2013 to August 31, 2015, by setting the deposit amount of KRW 24 million from the Defendant, monthly rent of KRW 2,200,000 (excluding value-added tax), and from September 1, 2013 to August 31, 2015.

(hereinafter “instant contract”). (b)

1) On July 28, 2015, the Plaintiff sent to the Defendant a certificate of content to the effect that “The contract of this case is renewed upon the expiration of the lease period.” 2) On August 28, 2015, the Plaintiff sent to the Defendant a certificate of content to the effect that “The monthly rent of 2.2 million won is the monthly rent of 1,530,000 won, monthly payment of 24 months’ premium, monthly payment of KRW 612,00,200, monthly payment of removal expenses, monthly payment of KRW 27,200, monthly payment of removal expenses, and interest payment of KRW 1,530,000.” As such, the Plaintiff sent a certificate of content to the effect that “The contract is renewed at KRW 1,530,000 per month.”

3 The Defendant agreed to the Plaintiff on September 25, 2015, and if “the Plaintiff agrees to the contract with the same rent and the same contract term as the instant contract.”

9. The Plaintiff sent a letter to the effect that the contract would be renewed in 30.30. As to this, the Plaintiff’s consent to the Defendant on September 29, 2015, and if the same rent as the instant contract exceeds KRW 2.2 million per month, the Plaintiff cannot agree.

Monthly rent is KRW 1.530,000 and the remainder is premium, removal cost, and interest;

A monthly rent may consult on specific conditions on the premise of KRW 1,530,000, but if not, it will solve the problem through a trial.

C. The Defendant appears to the purport that “the monthly rent of this contract is KRW 1,67,700 (=1,530,000 + KRW 1,530,000) from October 13, 2015 to the Plaintiff, and KRW 1,667,700 (=1,530,000 + KRW 1,530,000) from the monthly rent of 1,530,000 for which the Plaintiff claims that the monthly rent of this contract is the monthly rent of 1,530,00.09).

“.........”

arrow