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(영문) 수원지방법원 2014.04.22 2013가합15923
임대료등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. On January 16, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), which leases the area of 523.28 square meters (hereinafter “instant real estate”) among the 7th floor hotel on the ground of Suwon-si, Suwon-si and the 3rd floor, as follows. Defendant A, the representative director of Defendant A, was jointly and severally liable for the instant lease agreement on the same day.

- Period: Five years from February 1, 2012 to January 31, 2017 - Deposit: from February 1, 2012 to January 31, 2013: 60 million won (payment date January 31, 2012) from January 31, 2013 to January 31, 2013; - Where delay in the payment of deposit amount of KRW 24% per annum from January 30, 2017 to January 31, 2017 (payment date January 30, 2013): the lessee is exempt from the duty of paying the lease fees at the rate of 45 million won per annum (where value-added tax is separately paid, delay damages at the rate of 24% per annum from February 1, 2012 to January 31, 2013; and the lessee is exempt from the duty of paying the lease fees at the rate of 10,500,000 won per annum (where rent is delayed).

[Reasons for Recognition] Gap evidence No. 1 (Real Estate Lease Contract) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendants asserted that the Plaintiff jointly and severally received KRW 600 million deposit of the instant lease agreement from Defendant A in relation to Defendant A’s obligation under the instant lease agreement as indicated below, but the Plaintiff received KRW 800 million deposit from the Defendant A, taking into account the delayed payment of the deposit. However, it is deemed that the Plaintiff received KRW 600 million.

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