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Reasons
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(영문) 서울중앙지방법원 2017.11.02 2017가단5149275
사용료
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1. The Defendant’s KRW 23,957,020 as well as the Plaintiff’s annual rate of KRW 5% from August 1, 2017 to November 2, 2017.

Reasons

1. Facts of recognition;

A. On September 26, 2014, the Plaintiff leased the instant store B to the Defendant, Seongdong-gu Seoul (hereinafter “instant store”). Around September 26, 2014, the Plaintiff entered into a contract with the Defendant to set the amount of KRW 5,50,00 from the contract date, 435,00 per month, 435,00 per month, 435,000 per month, and 4,000 per month, and 24% of the rental deposit at the time of termination of the contract due to the cause attributable to the lessee of the penalty (hereinafter “instant contract”).

B. After the conclusion of the instant contract, the Plaintiff filed a claim against the Defendant for the delivery of a building, etc. with the Seoul Central District Court 2016Kadan48202, and the decision of compulsory adjustment (hereinafter “the final decision of compulsory adjustment”) with the following main contents was finalized in the instant trial procedure:

1. On September 26, 2014, the Plaintiff and the Defendant confirmed that the instant store entered into a lease agreement between October 1, 2014 and September 30, 2019, which is KRW 4,350,000 (Additional tax) for the monthly rent, from October 1, 2014 to September 30, 2019.

2.(a)

The Plaintiff and the Defendant shall partly modify the terms of the instant contract and KRW 50 million, but the deposit deposit amounting to KRW 50 million shall be deposited by the Defendant in the name of the Defendant in the Bank of Korea Co., Ltd. until August 20, 2016 (a).3.

The Defendant shall deliver the instant store to the Plaintiff by September 30, 2019.

B. The contract under the above Paragraph (1) may be terminated in case where the defendant did not pay the monthly rent under the above Paragraph (1) or the management expenses for the store of this case three times or more, violated the obligations under the above Paragraph (2), and the balance of the deposit under the above Paragraph (2) is less than KRW 50 million. In such case, the defendant shall deliver the store of this case to the plaintiff within one week from the date when he received the notice of termination from the plaintiff.

C. The instant case.

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