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(영문) 대전지방법원서산지원 2016.06.29 2015가단10785
임대료
Text

1. The defendant shall pay to the plaintiff KRW 27,391,627 as well as KRW 26,40,00 among them, from December 1, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On January 20, 2014, the Plaintiff entered into a lease agreement with the Defendant as to KRW 100 million, KRW 24 months from the date of designation of the lease deposit, KRW 3520,000,000 (in advance payment on January 1), and KRW 40 million, KRW 24 months from the date of designation of the lease deposit, KRW 176,00,000 (in advance payment on January 1), and KRW 1760,000 (in advance payment on January 1, 201), with respect to KRW 10,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000).

B. Around September 2014, the Defendant moved in and commenced business around 103 and 203, and did not pay the Plaintiff the rent from July 2015.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the rent and late payment charge accrued during the period from July 1, 2015 to November 2015, 2015 (=27,391,627 won = 26,40,000 won [=5,280,000 won + 5,266,000 won + 5,000 won x 566,000 won] x 91,627 won] and the late payment damages calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 1, 2015 to the date of full payment.

B. The Defendant’s assertion 1) At the time of entering into a lease agreement, the Defendant: (a) concluded a contract by deceiving the Plaintiff that, at the time of entering into the lease agreement, the salesroom ratio of B building would be at least 90% as at the present time; and (b) the salesroom ratio of B building would be at least 100% at the time of its open opening; and (c) both overseas and domestic famous brand

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