(영문) 대구지방법원 2014.12.11 2014나4598 | 리걸엔진

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(영문) 대구지방법원 2014.12.11 2014나4598

기타(금전)

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Since the first lease contract was concluded in around 1997 for the first time, the Plaintiff continued to lease the monthly rent of about 45 square meters from the Defendant for KRW 20 million in the Daegu-gu C warehouse (hereinafter “instant warehouse”). Upon receipt of the Defendant’s notice of termination of the said lease agreement, the Plaintiff’s delivery of the instant warehouse to the Defendant on February 28, 2013 can be recognized if there is no dispute between the parties, or if the purport of the entire pleadings was added to the statement (including the provisional number) in the evidence No. 3, 5, 6, and 4, and the Plaintiff received KRW 11,00,00 among the above lease deposit, and the monthly rent of KRW 297,00 ( KRW 330,000 per month x 9 months) by the date of delivery.

According to the above facts, the defendant is obligated to pay to the plaintiff 60,030,000 won of the unpaid lease deposit (20,000,000 won - KRW 11,00,000,000 - overdue loan 29,000,000) and damages for delay, unless there are special circumstances.

2. As to the judgment on the defendant's defense, the defendant asserts that since the plaintiff's monthly rent of 3.15 million won for the period from April 201 to December 2011 (the monthly rent of 3.50 million won) and the sum of the monthly rent of 6,15,357 won for the period from January 28, 2012 to February 28, 2013 (the delivery date of the warehouse of this case), the sum of 9,305,357 won for the period of 9,305,357 won (the monthly rent of 4.50,000 won) is overdue, the defendant does not have any remainder of the lease deposit to be paid to the plaintiff.

Therefore, the facts that the Plaintiff did not pay the monthly rent from April 201 do not conflict between the parties. However, considering the overall purport of the pleadings, the Plaintiff, around May 201, agreed to offset the construction cost by the rent from April 201 to March 2012.

유사 판례

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