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(영문) 대전지방법원서산지원 2017.11.28 2017가단3224
차임 등
Text

1. The Defendant shall pay the Plaintiffs KRW 24,900,000 and the interest rate of KRW 15% per annum from July 4, 2017 to the date of complete payment.

Reasons

Comprehensively taking account of the purport of Gap evidence No. 1 and evidence No. 2, the plaintiffs, on December 15, 2014, leased (hereinafter referred to as "the lease of this case") with the term of deposit KRW 30 million, monthly rent of KRW 150,000 ( monthly rent of KRW 1.8 million until the time the security deposit is paid), from December 15, 2014 to December 14, 2016, the plaintiffs and the defendant agreed to repay the unpaid rent of KRW 14 million, which is the tenant of the building of this case, to the defendant on December 15, 2014, and the fact that the defendant did not pay the plaintiffs the deposit to the defendant from the lease of this case to the date of December 31, 2017.

According to the above facts, the defendant is obligated to pay to the plaintiffs the amount remaining after deducting the amount of KRW 38.6 million paid by the defendant from the rent of KRW 48.6 million from December 15, 2014 to March 31, 2017 [4,8.6 million ( KRW 1.8 million x 27 months)] from the rent of KRW 987,096 ( KRW 1.8 million x 17/31, and less than KRW 1.9 million), which the plaintiffs claim, from the remainder after deducting the amount of KRW 38.6 million paid by the defendant. The defendant is obligated to pay damages at the rate of KRW 1.5 percent per annum from July 4, 2017, the following day after the delivery date of a copy of the complaint of this case.

Although the Defendant asserts that the rent under the instant lease agreement is unreasonable, it is necessary to reach an agreement between the parties even in cases where the rent is determined by agreement between the parties, and the agreed rent is changed. If the parties fail to reach an agreement, a request for increase or decrease in the rent under Article 628 of the Civil Act is filed. The Defendant merely on the ground that the rent under the instant lease agreement is excessive.

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