logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.04.11 2016가단17306
임대료 등
Text

1. The Defendant: (a) KRW 10,192,122 to the Plaintiff; and (b) 5% per annum from June 13, 2016 to April 11, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. B, on August 26, 2014, leased No. 101 of the Seo-gu Daejeon Building (hereinafter “instant building”) from the Plaintiff during the period from KRW 50,000,000, the rent of KRW 2,000,000 (excluding value-added tax), and the lease period from August 26, 2014 to August 25, 2016, and operated the “D” restaurant in the instant building.

B. The Defendant on January 20, 2015, and the Plaintiff and the Nonparty.

On January 23, 2015, after acquiring the above restaurant from B to E, a restaurant (hereinafter “instant restaurant”) entered into a lease agreement (hereinafter “instant lease agreement”) that succeeds to the lease agreement as stated in the paragraph, and operated the restaurant (hereinafter “instant restaurant”) by changing the trade name from B to E.

The following are the parts related to the instant lease agreement of this case.

Special agreement is made from August 26, 2014 to August 25, 2016 for the lease term of KRW 2,000,000 per month of rent of KRW 50,000 (prepaid and value-added tax separate)

1. Where a lessee has failed to pay the rent three times or more or has violated the aforementioned matters, the lessor may terminate the said contract without delay;

2. The instant contract is a contract succeeding to the lease agreement B, and the Defendant recognized it and resolved by the lessee as to the facilities and the house of the former lessee.

3. The deposit is to be accumulated in installments each month from March 2015 to the time when 50,000,000 won is appropriated, and if the rent and management expenses are unpaid, it is not possible to demand all of the facility expenses, such as the premium for facility expenses, etc., and the conditions that it is converted from the business to the business system directly operated by the lessor without any conditions, and the lessee is to return the business registration certificate and the business license certificate to the lessor.

C. On March 3, 2015, the Defendant paid to the Plaintiff KRW 2,00,00 among the rent for January 2015, and KRW 169,070 on March 13, 2015, and KRW 242,450 on February 2015, the Defendant did not pay the rent and management fee thereafter.

Accordingly, on April 28, 2015, the Plaintiff’s rent to the Defendant 6,800.

arrow