logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2020.11.11 2020가단2166
점포인도
Text

1. The defendant shall pay 975,000 won to the plaintiff (appointed party).

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On December 26, 2018, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) stating that the Plaintiff shall lease the leased deposit amount of KRW 50 million to the Defendant for a period from January 7, 2019 to 24 months, the lease deposit amount of KRW 5 million, and monthly rent of KRW 450,00 (excluding value-added tax) (hereinafter “instant lease agreement”).

The Defendant paid to the Plaintiff the deposit amount of KRW 5 million under the instant lease agreement, and received the instant store from the Plaintiff on January 7, 2019.

B. From June 2019, the Defendant did not pay the monthly rent of the instant lease agreement.

C. On April 17, 2020, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract was terminated on the grounds of delinquency in rent at least twice by the Defendant. On April 27, 2020, the Plaintiff filed the instant lawsuit seeking the delivery of the instant store and payment of unpaid monthly rent on the grounds of delinquency in rent at least twice by the Defendant.

On September 8, 2020, the Defendant delivered the instant store to the Plaintiff on September 8, 2020, paid to the Plaintiff KRW 1.5 million out of the unpaid rent of KRW 2,475,000 (including value-added tax) for five months remaining after deducting the deposit of KRW 5 million from the rent of the instant lease agreement until September 7, 2020, and did not pay the remainder of KRW 975,00 to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Eul evidence 1 to Eul evidence 3, the purport of whole pleadings

2. According to the facts of the judgment on the cause of the claim, the lease contract of this case was terminated on September 8, 2020 after the Defendant delivered the instant store to the Plaintiff, and the Defendant is obligated to pay the Plaintiff the remaining rent of KRW 975,000 not paid until the completion of the contract, barring any special circumstance.

3. Judgment on the defendant's assertion

A. The defendant's assertion is Coina or 19-ro.

arrow