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(영문) 서울고등법원 2015.03.13 2014나2037628
연체차임 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in each entry of Gap evidence 1, evidence 2-1 to 4, evidence 2-3, evidence 4, and evidence 5-1.

On May 1, 2011, Dongyang-do Low Co., Ltd. (hereinafter “Co., Ltd.”) entered into a lease agreement (hereinafter “instant basic lease agreement”) with the Defendant, setting the term “D factory” (hereinafter “instant factory”) located in Chungcheongbuk-gun C as annual rent of KRW 924,00,00 (excluding value-added tax; hereinafter the same shall apply) and the term of lease from May 1, 201 to December 31, 2012 (hereinafter the “instant basic lease agreement”).

B. Following the agreement, Dongyang Co., Ltd and the defendant set annual rent of KRW 768,00,00 under the above lease agreement from January 1, 2011 to December 31, 2011 (hereinafter “the first agreement in 2011”) (hereinafter “the agreement”),

C. As the instant basic lease contract terminates due to the expiration of the term of lease, the Dongyang Co., Ltd. leased the instant factory to the Defendant from January 1, 2013 to December 31, 2013, but the annual rent is fixed through a separate consultation.

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