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(영문) 부산지방법원 2018.04.03 2017가단305191
차임 등 청구의 소
Text

1. The Defendant’s KRW 17,806,451 as well as the Plaintiff’s annual rate from December 21, 2013 to April 3, 2018, and the following.

Reasons

Basic Facts

The following facts are either disputed between the parties, or acknowledged by Gap evidence Nos. 1 through 3, 6, 8-4, 1-1, 1-2, and 2 by integrating the whole purport of the pleadings, and there is no counter-proof.

On October 2, 1997, the plaintiff, C, and D completed the registration of initial ownership in relation to each one-third portion of the 8th floor E of Jung-gu, Busan.

On April 9, 2010, the Plaintiff, C, and D entered into a lease agreement with the Defendant on the condition that the entire area of 280.7 square meters on the first floor among the above 8th floor buildings (hereinafter “instant real estate”) is KRW 130,00,000 for deposit money, KRW 11,50,000 for rent per month (payment on April 20), and the lease term is 60 months from April 9, 2010 for lease.

On April 20, 2012, the Plaintiff, C, and D concluded a lease agreement with the Defendant and the instant real estate at KRW 130,000,000, monthly rent at KRW 11,500,000 (payment on April 20, 201), and the lease term from April 20, 2012 to April 19, 2014.

On December 20, 2013, Plaintiff, C, and D completed the registration of ownership transfer on the eight-story building including the instant real estate to F Co., Ltd. on December 20, 2013.

The rent accrued from December 201 to December 20, 201 under each of the above lease agreements with respect to the instant real estate and the amount paid by the Defendant as the rent for the instant real estate from December 20, 201 to December 20, 2013 are as shown in the separate sheet.

The Defendant’s assertion and determination of the Plaintiff began to delay the payment of rent for the instant real estate from December 201 to December 20, 201, and delayed the payment of rent of KRW 98,013,015 until December 20, 2013.

Therefore, the defendant is obligated to pay to the plaintiff 32,671,005 won (i.e., KRW 98,013,015 x 1/3) equivalent to the plaintiff's share in the above amount and to pay the agreed interest in arrears at the rate of 30% per annum from December 21, 2013 to December 21, 2013.

As to the cause of the claim, the instant real estate is subject to a lease agreement between the Plaintiff, C, D and the Defendant.

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