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(영문) 서울중앙지방법원 2020.07.17 2019가합563709
임대료 등
Text

1. The defendant

(a) The rate of KRW 92,714,570 as well as 12% per annum from November 6, 2019 to the date of complete payment.

Reasons

1. Basic facts

A. On September 14, 2015, the Plaintiff leased Jongno-gu Seoul Metropolitan Government D and E (hereinafter “instant shopping district”) (hereinafter “instant shopping district”) to the Defendant (C) by setting the deposit amount of KRW 100,000,000, the rent of KRW 10,000,000 (excluding value-added tax) and the period of September 14, 2017.

The defendant shall pay the rent on the first day of each month, but if the rent is overdue for at least five days, the unpaid rent shall be paid in addition to the overdue interest rate of 5% per annum.

B. On September 14, 2017, the Plaintiff re-leased the instant commercial building to the Defendant with a deposit of KRW 100 million, KRW 12,000,000 per month, KRW 12,000 per month, and the period from September 14, 2017 to September 31, 2020, the terms and conditions of the initial lease agreement shall apply mutatis mutandis, and the rent was to be raised by 10% per year.

C. From September 14, 2017, the Defendant paid to the Plaintiff only 11-month rent.

Although the Defendant received a certificate from the Plaintiff on February 22, 2019 that it would pay the unpaid rent, the rent that occurred from August 14, 2018 is not paid.

E. On August 8, 2019, the Plaintiff paid 1,621,120 won on behalf of the Defendant for the instant commercial building in arrears.

F. In the process of remodeling the instant commercial building, the Plaintiff was imposed a total of KRW 380,950 by Jongno-gu Office, and the Defendant promised to pay the enforcement fine to the Plaintiff.

[Ground of recognition] Each entry of Gap evidence Nos. 2, 3, 4, 6, 7, 8 (including paper numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant shall pay to the Plaintiff the remainder of KRW 90,712,50, and KRW 1,621,120, and KRW 380,50, and KRW 92,714,570, and KRW 92,714,570, and KRW 92,714,570, which are the following day after the delivery of a copy of the complaint of this case, among KRW 187,40,00, which were unpaid until September 13, 2019, and overdue interest accrued until then.

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