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(영문) 수원지방법원 2019.05.08 2017가단20742
임대료등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 34,322,140 to the Plaintiff (Counterclaim Defendant) and its related amount from July 20, 2017 to May 8, 2019.

Reasons

1. Facts of recognition;

A. On March 5, 2014, the Plaintiff leased a warehouse building and vinyl, which were located on the E warehouse site owned by the Plaintiff during the period from April 5, 2014 to April 5, 2017, with approximately 800 square meters in total, among the E warehouse site, 673m2, F, 384m2, G, 126m2, and H land on the ground, as well as deposit deposit of KRW 10 million, monthly rent of KRW 1.3 million, and the period from April 5, 2014 to April 5, 2017.

(hereinafter referred to as “the lease of this case.” In the above lease contract, the Plaintiff may terminate the contract at the time of arrears for two months, and in the event that the lease contract is terminated, the Defendant agreed to restore the leased object to its original state and return it.

B. However, as the Defendant was in arrears on June 18, 2015, the Plaintiff notified that “the termination of the lease shall be notified on the ground of the six-year arrears of rent,” and the Plaintiff notified the same effect on July 10, 2015, and notified that the lease of this case was terminated on the ground of the seven-year arrears of rent, etc. on or around October 28, 2015.

C. However, the Defendant continued to possess and use the leased object without returning it, and left the leased object on May 16, 2017.

The period from April 5, 2014 to May 16, 2017, the period of possession and use of the foregoing leased object by the Defendant is three years and 16th day from May 5, 2017. The amount of unjust enrichment of the rent or rent-related party arising during this period (37 months) is 48.1 million won (1.3 million won x37). The amount of rent paid by the Defendant during that period is 5.8 million won in year 2014, 7.8 million won in total, 2015, and 13.6 million won in total.

Therefore, the unpaid rent or unjust enrichment per rent is 34.5 million won (48.1 million won - 13.6 million won) and if the lease deposit is deducted from 10 million won, 24.5 million won remain.

E. In addition, the Defendant installed a portable toilet on the leased land, stored many garbage and wastes, left away the leased object without restoring it to the original state.

The plaintiff received an order to collect illegal wastes from the chemical market, and the defendant.

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