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(영문) 서울동부지방법원 2020.09.17 2019가단139126
차임확인의 소
Text

A lease agreement on the building indicated in the separate sheet against the Defendant (Counterclaim Plaintiff) of the Plaintiff (Counterclaim Defendant) is stipulated.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. The Plaintiff is a company established on December 13, 2018 for the restaurant business purpose. Nonparty C is the representative director of the Plaintiff, and the Defendant is the owner of the instant building.

B. On May 25, 2017, C leased the instant building from the Defendant at KRW 30 million, KRW 19 million, monthly rent (payment of value-added tax on the last day of each month), management expenses (excluding value-added tax), KRW 16,00, electricity and water supply charges (excluding value-added tax), lessee’s burden, and period of lease from May 27, 2017 to May 26, 2022, and thereafter leased the instant building from the Defendant to the Defendant, and operated a restaurant with the trade name “D” at the place where the said building was delivered.

C. C is subsequently to incorporate the above individual entity into a corporation.

As seen in the foregoing paragraph, the Plaintiff was established, and on December 20, 2018, the Plaintiff’s representative is the Defendant and the Defendant.

From January 1, 2019, the Plaintiff succeeded to the lessee status of the port lease agreement, and entered into an amendment agreement that raises the management expenses to KRW 21,000 per square year.

(hereinafter “instant lease agreement”). D.

Article 10 of the lease agreement (No. 2) entered into at the time of the instant lease agreement provides that “A lessor may increase or adjust the agreed deposit, rent, and interest rate by notifying the lessee three months prior to the expiration of the period, due to the cost, price, taxes, public charges, and other changes in economic conditions to improve the facilities of the leased object, or to maintain and operate the facilities of the leased object in good condition even during the period of the lease.” Article 16(1)1 of the same Act provides that “If the lessee fails to pay rent, management fee, electricity, water supply fee, heating fee, and other fees necessary for profit for more than three months, the lessor may immediately terminate the lease.”

E. On February 25, 2019, the Defendant notified the Plaintiff of the increase in the rent as follows, and the said notification reached the Plaintiff around that time.

Title: Rent.

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