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(영문) 의정부지방법원 2014.07.24 2013가합10922
임대료 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 20, 2005, the Defendant entered into a lease agreement with B and C and Pocheon-si D and E-ground factory buildings (including office rooms, restaurants, lodging rooms, and attached list machinery; hereinafter “instant factory buildings”) with a deposit of KRW 30 million, monthly rent of KRW 3 million (payment on October 1, 2006), and the lease period of October 1, 2006, and had engaged in stone business since around that time.

B. On March 6, 2007, the Defendant entered into a lease agreement with the Plaintiff on the same deposit and rent as the previous factory building, from March 1, 2007 to March 1, 2009, with a period of 24 months from March 1, 2007, and delivered the above factory building until the expiration of lease due to the expiration of lease.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 13-1, Gap evidence 15-3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant asserted the payment of rent 1) - 24 days from June 20, 2005 to March 14, 2009 occupied the factory building of this case for 44 months. The defendant is entitled to the payment of KRW 59,739,112 in the aggregate as follows: ① The rent of 40,075,040 in arrears = [134,400,000 x 3 million x 44.3 million x 24,324,960 - the deducted deposit amount of KRW 3,000, 207, 507, 404, 407, 507, 407, 407, 405, 405, 506, 506, 1665, 405, 506, 506, 167, 1665, 1665, 3065, 1065, 106.

3. A list of the defendant who is paid the cost of repair of machinery shall be as shown in attached Form.

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