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(영문) 수원지방법원 성남지원 2021.01.12 2020가단223094
청구이의
Text

The plaintiff's claim is dismissed.

This Court shall decide on August 14, 2020 with respect to the case of applying for the suspension of compulsory execution in 2020 Canada 5081.

Reasons

1. Basic facts

A. On August 13, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the deposit amount of KRW 80 million, monthly rent of KRW 9.5 million, and the period from September 13, 2018 to December 11, 2023 (hereinafter “instant lease agreement”).

B. On March 18, 2019, the Plaintiff and the Defendant drafted a settlement protocol (hereinafter “the settlement protocol of this case”) with respect to the instant lease agreement as the following content as to the instant lease agreement at this Court No. 10154.

By December 11, 2023, the Plaintiff ordering the Defendant to suspend the instant commercial building (Provided, That the period of paragraphs 1 and 2 shall be the date of termination in cases where the lease contract is renewed in writing or implicitly renewed, and the termination is terminated) the Plaintiff shall pay the Defendant the monthly rent of KRW 9,500,000 (excluding the surtax) from December 12, 2018 to December 11, 2020, and (2) from December 12, 2020 to December 11, 2021, the Plaintiff shall pay the monthly rent of KRW 10,925,00 (excluding surtax) to the Defendant by December 15, 201 [in cases where the public rent is increased or decreased due to the renewal, re-contract, amendment, etc., the Plaintiff shall pay the monthly rent to the Defendant by December 15, 201.

In addition, the Plaintiff shall pay monthly exclusive management expenses, such as electricity, gas, water supply and drainage, and air condition heating, within the leased premises as stated in paragraph (1) above notified by the Defendant or the administrator. 3. In the event that the Plaintiff delays the payment of monthly rent, monthly official management expenses, monthly exclusive management expenses, monthly exclusive management expenses, and expenses for heating, the Plaintiff shall pay the applicant the amount in arrears and the additional value tax for each amount in arrears plus the late payment charge calculated at a rate of 19% per annum for each amount in arrears (Provided, That the applicant shall pay the above money.

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