Text
The defendant shall pay KRW 1,761,504 to the plaintiff.
The plaintiff's remaining claims are dismissed.
Of the costs of lawsuit, 20% is the same.
Reasons
Around December 2014, the Plaintiff leased part of the first floor of the building located in the Daan-gun, North Korea (hereinafter “instant commercial building”) to the Defendant as the deposit amount of KRW 10,000,000 per month, the rent of KRW 700,000 per month, the period from December 30, 2014 to December 30, 2016 (Evidence 1) (Evidence 1), the deposit amount of KRW 10,000,000, the rent of KRW 80,000, the rent of KRW 80,000, and the period from December 30, 2016 to December 30, 2018).
(A) (No. 2) (hereinafter referred to as “instant lease”). The Plaintiff did not notify the Defendant of the refusal of renewal or of the change of the terms and conditions thereof six months to one month before the said lease term expires on December 30, 2018, and thus, on December 31, 2018, the instant lease contract was renewed under the same conditions as the former lease term.
(Article 10 of the Commercial Building Lease Protection Act). The Defendant delayed the amount of two or more rents during the above lease period, and the Plaintiff terminated the instant lease contract on August 14, 2019 (Evidence A2), and the Defendant handed over the instant commercial building to the Plaintiff on February 28, 2020.
The rent that the Defendant shall pay to the Plaintiff during the term of the instant lease is KRW 47,174,193 as follows.
In addition, the Plaintiff asserts that the amount equivalent to the value-added tax on rent should be paid partially by the Defendant. However, there is no evidence to prove that the Defendant agreed to pay the amount equivalent to the value-added tax at the time of the instant lease agreement. Therefore,
(See Supreme Court Decision 99Da33984 Decided November 12, 1999 (see Supreme Court Decision 99Da33984, Dec. 30, 2014) KRW 16,80,000 (70,000 x 24 months) from December 30, 2016 to December 29, 2016 (29,60,000) from January 29, 2020 (80,000 x 37 months) from January 30, 2020 to February 28, 2020 (80,000 x 300,000) paid by the Defendant during the above period is 774,193 won (80,000 x 30/31 days) as shown in the separate sheet.
In addition to the payment details of the rent in attached Form, the defendant shall make the payment on January 2014.