(영문) 인천지방법원 2017.09.13 2016나14157

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(영문) 인천지방법원 2017.09.13 2016나14157

전대미입금

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. On January 2, 2015, the Plaintiff acquired the right of lease from the former lessee of the Seo-gu Incheon Metropolitan City, Seo-gu, 202 Dda (hereinafter “instant building”) and concluded a lease agreement with the owner of the instant building F.

In addition, on October 25, 2014, the Plaintiff acquired the sub-lease contract of the instant building that was concluded between E and the Defendant on the condition that deposit 3,000,000, monthly rent 1,000,000, and the lease period until April 25, 2015.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 6, and 7 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion that: (a) the Defendant did not pay KRW 3,00,00 for the rent of February, March, April, 2015; and (b) the Defendant is obligated to pay the Plaintiff the said rent of KRW 12,00,000,00; and (c) the Plaintiff, while leaving the instant building after the expiration of the lease contract, had purchased KRW 12,00,000 for the premium of KRW 12,00,00,00 for the premium of KRW E; (c) the Plaintiff did not extend the lease contract; and (d) the Plaintiff did not remove the Plaintiff’s equipment without permission; and (e) the Plaintiff incurred business losses equivalent to KRW 10,00,00 by leaving the building without due transfer to the Plaintiff; and thus, (e

Therefore, the defendant should pay to the plaintiff a total of KRW 25,00,000 and damages for delay.

3. Determination

A. As seen earlier in determining the assertion of rent, it is recognized that a lease contract was concluded on April 25, 2015 with the monthly rent of KRW 1,00,000 between the Plaintiff and the Defendant, and the period of rent of KRW 3,00,000. Barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of rent of KRW 3,00,000,000, excluding the monthly rent of January 2015 when the Plaintiff was paid the rent.

In this regard, the defendant asserts that the above rent shall be deducted from the rental deposit.

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