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Reasons
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(영문) 창원지방법원 통영지원 2018.11.27 2018가단2478
임대료 등
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1. The Defendant’s KRW 42,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 10, 2018 to November 27, 2018.

Reasons

1. Facts of recognition;

A. On December 27, 2011, the Plaintiff and the Defendant concluded a lease agreement with respect to the D Building E (hereinafter “instant building”) owned by the Plaintiff, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,100,000 (hereinafter “instant lease agreement”) from January 5, 201 to January 4, 2014. However, the Defendant, instead of paying the lease deposit, decided to increase the monthly rent of KRW 1,30,000.

B. At the time of the conclusion of the instant lease agreement, when the Defendant delays monthly rent for at least seven days, the Defendant agreed to pay a penalty for the penalty for the penalty for the penalty for the penalty for the penalty for the penalty for the penalty for the penalty for the violation of the agreement in addition to

(Article 8). (c)

After the Defendant received the instant building from the Plaintiff, the Defendant runs singing businesses in the said building, the Fhos, and G of the said D Building.

The Defendant requested reduction of the monthly rent of the instant lease agreement on the ground of business depression. On September 21, 2012, the Plaintiff and the Defendant agreed to extend the lease term of the said lease to September 4, 2014, and to reduce the monthly rent to KRW 1,00,000 from September 5, 2012.

E. The Defendant did not pay the rent from October 5, 2014 to March 20, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Defendant did not pay the rent under the instant lease agreement from October 5, 2014 to March 20, 2018. As such, the Defendant sought payment of KRW 42,00,000 for the period from October 5, 2014 to March 5, 2018 (i.e., KRW 1,00,000 x 42 months x 42 months) and for the period from October 5, 2014 to March 20, 2018 (i.e., KRW 11,000 x 11,00 x 1,262).

3. Determination

A. The fact that the Defendant did not pay the rent for 42 months from October 5, 2014 to March 4, 2018, as seen earlier.

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