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(영문) 제주지방법원 2015.01.29 2014가합1894
가설재임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 144,074,608 and the interest rate of KRW 20% per annum from July 17, 2014 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 6 and arguments as to the cause of the claim, the plaintiff entered into a provisional lease agreement with Gap on March 5, 2013 with joint and several surety of the defendant for the lease of temporary materials to Jeju B Condominium (hereinafter "the lease agreement of this case"). A as of June 30, 2014, 14,074,608 won (=13,93,93,383 won as of May 31, 2014) and the fact that the plaintiff did not pay to the plaintiff the rent of this case 548,625 won as of June 30, 2014, the amount of damages for delay calculated as of June 14, 2014 as to the total amount of the rent of this case 13,993,383 won as of May 31, 2014. According to the above recognition of the lease agreement of this case, the defendant is obligated to pay to the plaintiff the above joint and several damages.

2. On the determination of the Defendant’s assertion, the Defendant asserted that the Plaintiff cannot comply with the claim for payment of rent after February 2, 2014, on which the tax invoice was not issued, but it is determined that the Plaintiff’s claim cannot be rejected solely on the ground that there is no evidence to prove that the Plaintiff and the Defendant agreed to issue the tax invoice as a condition for the payment of rent. Therefore, the Defendant’

3. The plaintiff's claim is justified.

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