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(영문) 의정부지방법원고양지원 2015.07.22 2015가단12799
임대료
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 45,00,000 with C and D as well as the full payment from March 10, 2015.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 and 3 (including each number), as to the cause of the claim, and the entire arguments, the plaintiff concluded on Aug. 27, 2014 that the plaintiff would not pay rent of KRW 50 million to the non-party company (hereinafter "non-party company") and the non-party company’s rent of KRW 50 million to be used at the construction site of Kimpo-si, Kimpo-si, Kimpo-si, and KRW 3 months from August 27, 2014, and KRW 5 million from September 14, 2014; the first intermediate payment of KRW 15 million to the owner of the building; the defendant would not pay rent of KRW 15 million to the plaintiff on Sep. 30, 2014; the second intermediate payment of KRW 15 million to the non-party company’s lease contract of KRW 200,000 to the non-party company.

Therefore, barring any special circumstance, the Defendant is jointly and severally liable to pay the Plaintiff the unpaid rent of KRW 45 million (i.e., KRW 50 million - KRW 5 million) and damages for delay calculated at the rate of 20% per annum from March 10, 2015 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order, to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the Plaintiff revised the rent of the instant lease agreement without the Defendant’s consent, and according to the written evidence Nos. 1-2, 1-2, and 1-2, and 1-2, the lease method column of the instant lease agreement is as follows: “The rent of the instant lease agreement: KRW 90,00 per square meter x KRW 535 square meter x 535 square meters x KRW 90,000 per square meter x KRW 557 square meter 50,000 per square meter x KRW 557 square meter 50,000,000,” and the payment method column is as “total agreed amount: 48,000,000 won.”

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