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(영문) 서울중앙지방법원 2015.05.27 2014가합23176
임대료
Text

1. Defendant B’s KRW 200 million to the Plaintiff and 5% per annum from April 1, 2014 to September 15, 2014.

Reasons

1. Basic facts

A. On April 1, 2004, the Plaintiff leased D with the lease deposit of KRW 100 million, monthly rent of KRW 100 million, and the lease term of KRW 10 million from April 1, 2004 to March 31, 2009.

B. D operated a restaurant with the trade name of “F” in the instant building (hereinafter “instant restaurant”), but failed to pay rent several times, and transferred the instant restaurant to the Defendants around 2006 and 2007. From that time, the Defendants had been operating the instant restaurant jointly while occupying the instant building.

C. On or before September 2009, the Plaintiff entered into a lease agreement that did not set the rental period for the instant building directly with Defendant B (hereinafter “instant lease agreement”).

Since June 2011, the instant lease agreement amounted to KRW 27.5 million per month. Defendant B did not pay to the Plaintiff the rent of KRW 5 million out of the rent for October 2012, KRW 5 million, KRW 5 million out of the rent for March 2013, and KRW 5 million out of the rent for April 1, 2013, and was not paid at all from August 1, 2013.

Accordingly, the Plaintiff attempted to deliver the instant building from Defendant B through the compulsory execution procedure around January 2014. Defendant B promised to deliver the instant building to the Plaintiff by March 31, 2014, and delivered the instant building to the Plaintiff on March 31, 2014.

E. The sum of rents that Defendant B did not pay from August 1, 2013 to March 31, 2014 is KRW 220 million (monthly rent x 8 months).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 7-1, 2, Eul evidence 4, 6-64, the purport of the whole pleadings

2. Claim against the defendant B

A. According to the facts established prior to the determination of the cause of the claim, Defendant B shall, unless there are special circumstances.

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