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(영문) 인천지방법원 2013.05.15 2012가단30853
전대료 등
Text

1. The Defendant’s interest rate of KRW 8,241,520 and KRW 6,95,289 among them shall be from March 27, 2012 to the date of full payment.

Reasons

On April 1, 1998, the Plaintiff entered into a lease agreement with A to lease the lease deposit amount of KRW 470,000,000 (hereinafter “instant lease agreement”) on the condition that the Plaintiff leased the lease deposit amount of KRW 470,000,00,000,000 with the first floor of 220.83 square meters and the third floor of 228.43 square meters (hereinafter “instant store”) on the premise that the Plaintiff had no dispute. On April 1, 1998, the Plaintiff changed part of the terms of the said lease agreement upon the lapse of three months from the date of notification when one of the parties to the lease notifies the termination of the contract.

On November 1, 2001, the Plaintiff and the Defendant supplied the Defendant with an automobile, and the Defendant concluded a sub-lease contract with the content that the said automobile is sold to the consumers, and on the same day, the Plaintiff concluded a sub-lease contract with the content that the Defendant subleases the instant store leased from A to be used as the automobile sales business place (hereinafter “the instant sub-lease contract”).

The sublease fee prescribed in the sub-lease contract of this case is 5.4 million won per month (excluding value-added tax) equivalent to the amount calculated by the rate of 12% per annum for the lease deposit paid by the plaintiff.

On March 11, 2011, A sent to the Plaintiff a content-certified mail containing the content that the instant lease agreement is terminated on the ground of provisional attachment on the Plaintiff’s claim for return of lease deposit, and the said notification reached the Plaintiff on March 15, 2011.

[Grounds for recognition] In the absence of dispute, Gap evidence 1-1-2, Gap evidence 2-1-3, Eul evidence 1-2-2, Eul evidence 1 and 6-1-6, and the fact-finding with respect to the Korea Post Postal Services Korea Post, the plaintiff asserted the purport of the whole pleadings as to the plaintiff. The plaintiff asserted that the defendant added 52,692,578 won to the sub-lease interest for the period from April 201 to March 2012 according to the sub-lease contract of this case, which occurred as shown below, to the plaintiff 56.

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