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(영문) 대전지방법원서산지원 2020.07.15 2019가단56550
차임
Text

1. The defendant's KRW 30,800,205 with respect to the plaintiff and 5% per annum from April 24, 2020 to July 15, 2020.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 5.

On November 25, 2015, the Plaintiff entered into a contract with the Defendant to lease approximately KRW 225,00,000,000 for lease deposit, KRW 2.3 million for monthly rent (payment in advance on February 30, 2016), February 28, 2016, and from the delivery date to February 28, 2018 (hereinafter “instant lease”).

B. When concluding the instant lease contract with the Defendant, the Plaintiff agreed to receive additional charges, management fees, and public charges, including electricity tax, calculated at 10% per annum for overdue rent, as well as 50,000 won per annum.

C. The Defendant received the instant store from around February 28, 2016, and paid a total of KRW 38.3 million to the Plaintiff from around that time to July 30, 2018, and delivered the instant store to the Plaintiff on February 28, 2019.

2. The assertion and judgment

A. On February 27, 2018, the Plaintiff asserted that: (a) the instant lease agreement was extended and terminated on February 28, 2019; (b) the Plaintiff and the Defendant agreed to pay a surcharge of KRW 38,30,000 from the Defendant until that time; (c) the Plaintiff and the Defendant have the obligation to pay the Plaintiff the total overdue rent of KRW 468,80,000 and the additional dues thereon as shown in the attached Form. Accordingly, the Defendant asserted that the instant lease agreement had expired on February 27, 2018; and (d) the deduction of the lease deposit or the payment of KRW 383,00,000,000,000 has not been delayed around February 27, 2018; and (d) the lease agreement of this case was extended and the Defendant had no obligation to pay the additional dues to the Plaintiff until February 28, 2019.

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