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(영문) 서울고등법원 2018.08.23 2017나2055665
부동산인도 등
Text

1. Upon the claim that the court changed the exchange in this court, the defendant 1,379,095 won and this shall apply to the plaintiff.

Reasons

1. Basic facts

A. On February 2, 2016, the Plaintiff: (a) the land indicated in paragraph (1) of the attached Table No. 1; and (b) the attached Table No. 2-A and B.

Each building mentioned in the subsection (hereinafter collectively referred to as the “instant gas station”) and each of the facilities and goodwill of the gas stations of this case were leased (hereinafter referred to as the “instant lease agreement”) with the following contents:

1) On March 15, 2016 through March 14, 2021, the monthly rent of KRW 100,000,000 (excluding value-added tax) monthly rent of KRW 10,000,000 (excluding value-added tax) plus the annual overdue charge of less than 15% per annum, and the overdue charge calculated at the rate of 20% per annum per annum at the time of delinquency in rent for more than one month (Article 5(2)5 of the Special Terms and Conditions on Lease Agreement) shall be paid by the lessee (Article 5(5) of the Special Terms and Conditions on Lease Agreement).

B. The details that the Defendant paid to the Plaintiff during the period from April 15, 2016 to April 16, 2018 are as follows.

(1) On April 15, 2016, Plaintiff 1’s monthly rent for the pertinent month during which the pertinent monthly rent for the Plaintiff was claimed (hereinafter “Plaintiff 1”) appears to have been transferred to Defendant 11,00,000 on March 15, 2016 as KRW 11,00,00 on June 27, 2016, and KRW 22,000,000 on May 27, 2016 and KRW 60 on May 3, 2016 and KRW 16,00 on May 17, 2016, Defendant appears to have been asserting that the above KRW 11,00,000 on June 16, 200, KRW 100 on June 4, 2016, KRW 00 on June 16, 200 on June 16, 201, and KRW 10,000 on June 16, 2016.

Of them, the amount calculated by deducting the agreed fire-fighting design cost of KRW 500,000 (not in arrears) from the Plaintiff (not in arrears) 5 October 14, 2016. 3,300,000.

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