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(영문) 의정부지방법원 고양지원 2021.02.17 2020가단84644
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. From October 1, 2015, the Plaintiff: (a) determined the lease deposit of KRW 30 million, monthly rent of KRW 1 million, from October 1, 2015 to September 30, 2017; (b) the lease term of KRW 100,000,000 from October 1, 2015 to September 30, 2017; (c) the Plaintiff shall assume the value-added tax on the lease terms (hereinafter “instant lease agreement”); and (d) thereafter, (e) the Plaintiff operated the headquarters in the name of “D” from that time to that of “D.”

B. On September 30, 2017, when the Plaintiff renewed the instant lease agreement with the Defendant, the Plaintiff increased the monthly rent to KRW 2.5 million (a separate value-added tax), and extended the lease period from October 1, 2017 to October 1, 2019 (24 months).

Since then, the above lease contract was implicitly renewed on October 1, 2019.

(c)

As the daily price of the instant building site was incorporated into the E District Housing Redevelopment Project Zone, the E District Housing Redevelopment Project Association, the said project implementer, requested the Plaintiff to hold compensation consultation related to the instant party hall business on March 20, 2020.

On March 25, 2020, the Plaintiff and the said association agreed on the business compensation amounting to KRW 91,50,000,000 for business compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

(d)

On April 30, 2020, the Plaintiff delivered the instant building to the Defendant.

E. On May 11, 2020, the Defendant: (a) 1,3160,000 won including the unpaid rent from KRW 30 million to April 2020 from January 1, 2020 to April 1, 2020 (i.e., KRW 2,50,000,000,000,000,000,000 won as the monthly rent of KRW 2,50,000,000,000,000,000

x 4 months, 7170,000 in unpaid value-added taxes

Won. The remainder lease deposit amounting to KRW 8.77 million was paid after deducting KRW 1 million, such as the cost of repairing a tent, the window, electric wires, and the cost of raising a ventilation.

【Non-contentious facts, Gap evidence Nos. 1, 2, 3, 14, 17, 20, 21, and Eul evidence Nos. 2, 3, 4, 8, 9, 10 (including branch numbers);

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