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(영문) 제주지방법원 2021.01.26 2020가단57402
기타(금전)
Text

1. Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 7,900,000 and the amount of said KRW 7,90,000.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. In Jeju-si, the Plaintiff leased part (A) of 75.26 square meters on the ship (hereinafter “instant store”) connected each point of 1,2,5,6,7,8, and 1 attached Form 1, 2, 5, 6, 8, and 1 among the buildings of 3 floors on the ground of 3 floors on his own, to the Defendant from April 20, 2012.

B. The above lease agreement was renewed twice by setting the lease term as two years, and the lease term was renewed on April 20, 2018 by setting the lease term as one year.

The Plaintiff and the Defendant agreed to pay the lease term of April 20, 2019 to KRW 10,000 per annum, and KRW 12,00,000 per annum (excluding value added tax) by dividing the lease term from April 19, 202 to six months from the contract month (hereinafter “lease of this case”).

After the lease of this case, the Defendant did not pay the rent at all, and the Plaintiff expressed the purport of the Plaintiff’s claim on April 29, 2020, and the Defendant’s intent to terminate the lease of this case on the ground of the Defendant’s delinquency in rent in arrears in the application form for change of the cause of claim on April 29, 2020, and the said application form

5. 22. Service was made to the Defendant (hereinafter “Service”).

(d)

On November 18, 2020, the Defendant paid KRW 3,000,000 to the Plaintiff. On November 18, 2020, the Defendant delivered the said store without returning to the original state.

[Ground of recognition] Unsatisfy, Gap 1 to 4 evidence, Eul 5 and 6 evidence, each of the statements and images (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim of this case on the lease of this case requires that the method of payment shall be determined annually as KRW 12,00,000 ( separate value-added tax), and that the method of payment shall be paid in installments for six months from the month of the contract. On April 20, 2019, the Defendant did not pay the rent after the lease of this case. The method of payment of the said rent was determined as KRW 1,100,000 (i.e., value-added tax: KRW 13,200,000,000, including value-added tax), and it may be deemed that the Plaintiff expressed it annually.

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