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(영문) 대구지방법원 2020.01.31 2019가단106887
기타(금전)
Text

1. The Defendant shall pay the Plaintiffs KRW 24,610,00 and the interest rate of KRW 12% per annum from December 21, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 18, 2017, the Plaintiffs leased approximately KRW 66 square meters (hereinafter “instant store”) from D among the first floor of the land building E in Daegu-gu, Daegu-gu, and on December 18, 2017, leased the said store to the Defendant (hereinafter “instant sub-lease”) by determining the amount of KRW 30 million for sub-lease deposit, KRW 9 million for monthly rent (excluding value-added tax of KRW 770,00,000, KRW 26,000 for each month), and the period of sub-lease from December 26, 2017 to October 25, 2019 (hereinafter “instant sub-lease”).

B. From July 2018 to October 2018, the Defendant paid a total of KRW 2,954,000 among the rent for rent from July 2018, and retired from the instant store on November 25, 2019.

C. On November 19, 2018, the Plaintiffs: (a) leased the instant store to F Co., Ltd. (hereinafter “Non-Party Company”); (b) KRW 10 million in the re-lease deposit; (c) KRW 7.7 million in the monthly rent; and (d) from November 26, 2018 to January 25, 2019 during the sublease period; and (b) sub-lease the instant store to a third party from April 4, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition under paragraph (1) above, the defendant is obligated to pay the sub-lease by the end of the sub-lease period of this case, unless there are special circumstances to the plaintiffs.

Therefore, the Defendant is obligated to provide the Plaintiffs with the aggregate of KRW 2,954,00 and KRW 2,9540,000,000,000,000 and KRW 2,9540,000,000,000,000,000 of the subleases of the instant sub-leases from November to February 2, 2019, as the Plaintiffs seeks, from March 26, 2019 to April 3, 2019 (=970,000 x KRW 970,30,000,000) including the sub-leases from March 26, 2019 to April 3, 2019.

From the above money, if the plaintiffs deducted the plaintiffs' total amount of KRW 1,69.4 million (=8.47 million x 2) and the deposit of the sub-lease of this case from the non-party company to the sub-lease of this case, the defendant eventually deducteds the plaintiffs from KRW 2,46.1 million (= KRW 7,1550,000 - KRW 1,69440 - KRW 30 million).

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