(영문) 청주지방법원 2014.08.28 2013가단3859

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(영문) 청주지방법원 2014.08.28 2013가단3859

임대료

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1. The Plaintiff (Counterclaim Defendant) paid KRW 59,00,000 to the Defendant (Counterclaim Plaintiff) and against this, from January 2, 2011 to May 22, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 1, 2004, the Plaintiff entered into a contract with the Defendant for the lease of KRW 100 million and KRW 4 million from May 1, 2004 to April 30, 2006, by setting the land, buildings, and official regulations of the said E industry company as lease deposit amounting to KRW 100,000,000.

B. After that, the Plaintiff and the Defendant agreed to reduce the above lease deposit from KRW 100 million to KRW 50 million, and the Defendant paid the deposit to the Plaintiff KRW 50 million.

C. The Defendant operated the automobile maintenance business with the trade name of “F industry company” at the above plant leased from the Plaintiff, and agreed on March 2, 2006 to extend the lease term to March 31, 2008 with the Plaintiff from April 1, 2006 to March 31, 2008, which was prior to the expiration of the above lease term, and again, agreed to extend the lease term from January 1, 2008 to December 31, 201, while the Defendant paid the Plaintiff KRW 10 million with the advance payment for the monthly rent, which eventually increased the lease deposit from KRW 50 million to KRW 60 million.

Around January 1, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 60 million, monthly rent of KRW 5 million, and the lease period from January 1, 2011 to December 31, 2012. On the same day, the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 60 million, monthly rent of KRW 5 million, and the lease period from January 1, 201 to December 31, 2012, and entered into a lease agreement with the Sinju District Court (Seoul District Court 2011Da20112) based on the same content.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1-1 through 3, Gap evidence 7, 8, Gap evidence 18-1, 2, Eul evidence 5, and the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. From May 1, 2004 to December 31, 2007

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