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(영문) 서울중앙지방법원 2020.01.08 2019나29944
임대료 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 20, 2016, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 50,000,000 from February 15, 2016 to February 14, 2018, and the monthly rent of KRW 3,500,000 (excluding value-added tax) to lease real estate listed in the attached list (hereinafter “instant store”).

B. The Defendant paid a lease deposit to the Plaintiff and used the instant store in delivery. From February 2016 to September 2016, the Defendant only paid a rent for a total of eight months from February 2016, and did not pay a rent thereafter. The amount of value-added tax on August 2016 and September 2016 was not paid.

C. In addition, the Defendant did not pay KRW 5,747,220 for the total management expenses from April 2017 to February 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of 62,30,000 won (including the unpaid rent and value-added tax (including the unpaid two-month portion) equivalent to the amount of 16 months excluding eight months of the lease term of 24 months (i.e., 3,850,000 won x 16 months 70,000 won) and unpaid management expenses 5,747,220 won, excluding deposit deposit 50,000,000 won, and damages for delay calculated at the rate of 18,047,220 won, excluding the amount of 50,000,000 won, from May 15, 2018, which is the day following the delivery date of a copy of the complaint of this case, to the day of complete payment.

B. Determination on the Defendant’s assertion 1: (a) at the time of entering into the instant lease agreement, the Defendant leased the adjacent C store in addition to the instant store; and (b) the said two stores are indivisible with each other; (c) thus, notification of the termination of the contract to the lessor around April 2017 and June 2017.

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