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(영문) 수원지방법원 2017.03.17 2016나10084
임대료
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. On May 17, 201, the Plaintiff and the Defendant rendered a sub-lease of 15 million won, monthly rent of 100,94 square meters (hereinafter “instant commercial building”) among the 15th floor of Pyeongtaek-si’s ground buildings owned C (hereinafter “instant commercial building”). The instant sub-lease contract was implicitly renewed on May 17, 2013, and the Defendant failed to pay KRW 25 million in total for 25,000,000,000,000,000 for the 25th month period, by taking into account the following facts: (a) there is no dispute between the parties, or (b) evidence No. 1,2,4, and evidence No. 1-1; and (c) the entire purport of the pleadings as a whole.

According to the above facts, the defendant is obligated to pay to the plaintiff the remaining overdue charge of KRW 10 million after deducting the overdue charge from the deposit, except in extenuating circumstances (=25 million - 15 million).

2. Judgment on the defendant's assertion

A. 1) The Plaintiff’s mother E paid the premium of KRW 10 million to KRW 15 million and KRW 40 million, and the Plaintiff’s mother E paid the premium of KRW 20 million to the former lessee. The Plaintiff resisted that the lease contract was a sub-lease contract, which was the sub-lease contract, and agreed to return the premium of KRW 30 million already paid to the Plaintiff. As such, the unpaid rent of KRW 30 million should be deducted from the monthly rent at the Plaintiff’s request. 2) The Plaintiff’s global income tax return return of the monthly rent of KRW 500,000,000,000,000,000,000 for KRW 1,416,90,000,000,000 for KRW 50,000,000,000.

3) Since the heating and cooling equipment repair cost of KRW 6,50,000 due to the need cost, it should be offset against the Plaintiff. (b) The entries in the evidence No. 1-3, No. 5, and No. 6 alone in the evidence No. 1-5, No. 1-3, No. 5, and No. 6 are alone.

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