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(영문) 수원지방법원성남지원 2016.01.22 2015가단2743
임대료 등
Text

1. The Defendant: (a) KRW 2,490,000 for the Plaintiff and 5% per annum from February 27, 2015 to January 22, 2016.

Reasons

1. Basic facts

A. On January 21, 201, the Plaintiff and the Defendant concluded a lease contract with the Gwangju City B (hereinafter “instant building”) owned by the Plaintiff, setting the deposit of KRW 1 million, KRW 1.5 million per month, and the period from October 10, 201 to October 10, 2013. On October 8, 2013, the Plaintiff and the Defendant concluded a lease contract again (hereinafter “instant lease contract”) by setting the deposit of KRW 15 million on October 8, 2013, KRW 2.4 million per month, and the period from October 8, 2013 to April 8, 2014.

B. The Defendant did not pay to the Plaintiff KRW 1.65 million for the rent of September 2013, and KRW 2.64 million for the rent after October 2013.

C. On March 31, 2014, the Defendant delivered the instant building to the Plaintiff, and the instant lease agreement between the Plaintiff and the Defendant was terminated due to the expiration of the period, etc.

On the other hand, the defendant filed a lawsuit against the plaintiff as Suwon District Court Branch 2014Kadan3503, and the above court rendered a favorable judgment against the defendant on November 12, 2014 that "the plaintiff shall pay to the defendant 28,511,236 won and interest rate of 20% per annum from February 22, 2014 to the date of full payment." At present, the plaintiff appealed and is pending in the lawsuit as Suwon District Court 2015Na219.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (including paper numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The rent that the Defendant did not pay to the Plaintiff is from September 2013 to March 2014. However, the Defendant is obligated to pay the Plaintiff a total of KRW 24,690,000,000, out of the part of June 2014, which was disposed of by the Plaintiff by neglecting the goods owned by the Defendant on the instant building. Furthermore, the Defendant is obligated to withdraw without disposing of garbage and pay the Plaintiff a total of KRW 810,00,000 with the cost of treating garbage, KRW 16,00,000 with the cost of repairing the corrective devices, and KRW 27,000 with the cost of repairing the tap water.

3. However, the amount of KRW 15 million out of the above amount shall be deducted from the defendant's deposit for lease.

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