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Reasons
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(영문) 서울중앙지방법원 2020.07.21 2020가단5071242
임료 청구의 소
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1. The defendant on March 1, 2020 to the date of full payment with respect to KRW 7,161 million and KRW 6,1.6 million among them.

Reasons

1. Basic facts

A. On October 21, 1999, the Plaintiffs, who are married couple, leased the leased land D and seven parcels owned by them to the Defendant and thereafter the said lease was renewed. The Plaintiffs and the Defendant extended the lease term on August 11, 2015 by December 31, 2021, and changed the lease deposit and monthly rent as follows.

(hereinafter referred to as “instant 1 Agreement”). (Non-high: Additional Tax Map) As of January 1, 16, to December 1, 18, 199, from January 1 to December 31, 21, 21, the deposit KRW 500 million from December 31, 21, 2000 KRW 36 million in monthly rent of KRW 500,000,000,000 KRW 40 million.

B. After that, around December 2017, the Plaintiffs decided to borrow 4 billion won as interest per annum from the Defendant at 4% interest per annum, and reflecting this, the above lease agreement was modified as follows:

(hereinafter “instant 2 Agreement”). On December 15, 2017, the Defendant remitted the said KRW 4 billion to the Plaintiffs.

1. The period of application of KRW 4.5 billion, the deposit of which was changed as of December 15, 179 to November 30, 2000, KRW 4.00 billion (4.0%) monthly rent of KRW 36 million, the monthly rent of KRW 2.7 million;

2. After the lapse of the period of application of the preceding one, the term “A” can be converted to the terms of lease under the existing contract (11 August 15), and the term “A” may also be returned out of the increased deposit.

C. In accordance with the instant agreement, the Defendant paid 2,4970,000 won, including the value added tax, from December 15, 2017 to December 15, 2017.

B paid in rent, and continued to pay the same amount after January 1, 2019. D.

Meanwhile, according to the above lease agreement, the rent shall be paid on the last day of each month, and if the defendant delays the rent, the amount calculated by applying the overdue rate of 2.5% per month shall be calculated on a daily basis as the number of overdue days, and shall be paid to the plaintiffs.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 7, 10, 11

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