(영문) 대구지방법원포항지원 2015.07.14 2014가단11251

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(영문) 대구지방법원포항지원 2015.07.14 2014가단11251

임대료

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1. The Defendant (Counterclaim Plaintiff) paid KRW 29,200,000 to the Plaintiff (Counterclaim Defendant) and the amount from December 25, 2014 to July 14, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 7, 2011, the Plaintiff: (a) leased a building of 149 square meters of light steel structure and a building of 492 square meters of general steel structure (hereinafter “instant building”) to the Defendant on March 7, 201; (b) KRW 50 million of lease deposit; (c) KRW 66 million of rent monthly; (d) the lease term “from March 7, 2011 to March 6, 2014”; (c) the lease term “from March 7, 2011 to March 6, 2014.”

hereinafter referred to as "the instant lease agreement"

B) B. On February 28, 2013, the Defendant notified the Plaintiff of the termination of the instant lease agreement, and did not use the instant building from March 29, 2013. C. The Defendant paid only the rent to the Plaintiff from March 6, 2013, and did not pay the Plaintiff the rent from March 7, 2013. [The fact that there is no dispute over a part of the grounds for recognition, the entries in subparagraphs 3 and 4, and the purport of the entire pleadings.]

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay the Plaintiff the amount of KRW 29.2 million calculated by deducting the deposit for lease from the unpaid rent during the contract term of the instant lease agreement. 2) The Defendant’s assertion that the instant lease agreement could no longer be maintained due to the Defendant’s assertion, and the Defendant notified the termination of the contract on February 28, 2013, and delivered the instant building to the Plaintiff on March 29, 2013, and the instant lease agreement was lawfully terminated.

However, since the defendant did not use the building of this case since March 29, 2013, there is no obligation to pay rent corresponding to that period.

Therefore, the Plaintiff is obligated to return the lease deposit amount of KRW 50 million to the Defendant.

B. Determination 1 Lease Contract is established when one of the parties agrees to allow the other party to use and take profits from an object, and the other party agrees to pay rent for it, so the lessor is able to use and take profits from the leased object.

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