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Reasons
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(영문) 서울남부지방법원 2017.10.13 2016가단241717
차임 청구의 소
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1. The Defendant: (a) KRW 29,750,000 for the Plaintiff and 5% per annum from March 11, 2017 to October 13, 2017; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On February 2012, the Plaintiff entered into a lease agreement with the Defendant, which set the lease deposit amount of KRW 50,000,000, monthly rent of KRW 10,000,000, and from March 1, 2012, with respect to the instant real estate, and KRW 50,000,000, monthly rent of KRW 50,000,000, monthly rent of KRW 25,000,00 (including value-added tax), and from March 1, 2012 to February 28, 2017, with respect to the instant real estate, on March 20, 201.

B. From April 2013 to June 2015, the Defendant paid KRW 22,500,000 (including value-added tax) to the Plaintiff as monthly rent, and the Plaintiff issued the tax invoice of the same amount to the Defendant.

C. From July 2015, the Plaintiff filed a claim for the payment of KRW 25,00,000 (including value-added tax) monthly rent under the original sub-lease agreement, and issued each tax invoice of the same amount.

On the other hand, from July 2015 to January 2017, the defendant remitted 24,750,000 won to the plaintiff or deposited for the plaintiff.

E. The instant sub-lease contract was terminated as of February 28, 2017, and the Defendant removed from the instant real estate on the date of termination of the contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 11, purport of whole pleadings

2. The assertion and judgment

A. On March 2013, E, the representative of the defendant claiming the plaintiff, requested the representative director of the plaintiff to reduce the number of months since the plaintiff's funeral service was well known. Accordingly, the representative director of the plaintiff agreed to reduce the number of months only for one year, and the defendant's convenience was paid a reduced amount for one year thereafter. Thus, the defendant was paid a reduced amount from July 2015, since the defendant's total amount of the unpaid rent under the original contract was 79,750,000 won.

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