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(영문) 수원지방법원 2016.01.07 2015나9056
중기임대료
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 2012, the Plaintiff: (a) on May 20, 2012, leased one workshop (a model name HY708; hereinafter “the instant workshop”) to the Defendant as the Defendant’s site at the place of use, with a rent of KRW 2.5 million per month (excluding value-added tax); (b) from May 21, 2012 to May 21, 2013; and (c) from May 2013 to May 20

B. Around April 27, 2013, the Plaintiff notified the Defendant of the termination of the said lease term and notified the Defendant of the rent as KRW 6.5 million per month from June 1, 2013.

C. On November 2, 2013, the Defendant terminated the use of the instant workshop, and paid to the Plaintiff KRW 160,000,000 as the rent for June 29, 2013 and KRW 145,00,000 on July 2, 2013.

On the other hand, on December 23, 2013, the Plaintiff filed a lawsuit against the Defendant seeking payment of the additional rent of 20 million won from June 2013 to October 2013, 2013, plus value-added tax on the aggregate of KRW 1,400,00,000 and KRW 24,291,30,300 (=22,083,000,000 x 1110%) of equipment damaged due to the Defendant’s mistake in other workmen’s equipment repair cost, KRW 1,40,00,000, and KRW 250,000,000,000, 222,083,000 x 110%) and delay damages therefrom (hereinafter “instant previous lawsuit”).

E. On March 27, 2014 at the instant prior suit, the Defendant paid KRW 10 million to the Plaintiff; however, the amount of KRW 3 million up to April 30, 2014, and KRW 3 million up to May 31, 2014, and the remainder of KRW 4 million up to June 30, 2014, respectively. 2.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 8, and Gap evidence 4-5, 5, and 4.

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