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(영문) 인천지방법원 2015.11.24 2015가단26497
임대료
Text

1. The Defendant: (a) KRW 24,839,680 for the Plaintiff and KRW 5% per annum from April 22, 2015 to November 24, 2015; and (b) the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 2, and 12, the defendant concluded a lease contract with the plaintiff on September 15, 2006 as to the land B of Seo-gu Incheon, Incheon (hereinafter "the building of this case"), which is owned by the plaintiff, with the deposit amount of KRW 20 million, KRW 1.5 million monthly rent, and the term from October 9, 2006 to October 8, 2008, and operated a factory in the building of this case. ② The defendant transferred the factory to the future on October 13, 2015 with the unpaid charge of the electricity charge of this case, KRW 1,14,320, KRW 100, KRW 360, and KRW 360, the land transfer registration for the building of this case was not made within Incheon City on the ground of the next use of the building of this case, and ③ the land transfer registration for the building of this case was made within Incheon City on March 21, 2013.

2. The parties' assertion

A. The Plaintiff: The Defendant is obligated to pay the Plaintiff the amount of KRW 41,654,740,000 including the rent of KRW 40,500,000 for 27 months from July 9, 2013 to October 9, 2015 and the unpaid electricity charges and the unpaid electricity charges, and the delay damages therefrom.

B. The Defendant: (a) the Defendant agreed on November 21, 2014 to reduce the rent from KRW 1.5 million per month to KRW 750,000 per month; (b) the delay should be calculated on the basis of KRW 750,00 per month.

3. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 3 (Evidence No. 1; hereinafter the same shall apply), 4, and 8, the plaintiff was requested from the Incheon Urban Corporation on December 6, 2012 to seek a consultation on the building and business compensation of the building and the business compensation of the plaintiff. In the case of a factory owner being leased, the Incheon Urban Corporation may claim a compensation contract after taking measures necessary for the removal of lessee (Submission of an agreement) in the case of a factory owner being leased.

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