logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.02.08 2016가단521827
기타(금전)
Text

1. The Defendant’s KRW 24,959,420 as well as 6% per annum from June 1, 2016 to February 8, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 20, 2009, the Plaintiff leased the rent of 600 square meters to the Defendant, which is one year from December 1, 2009, and the rent of 250,000 square meters per month from the date of the construction of a container in the air conditioners, and the electricity fee used by the Defendant shall be the electricity fee notified to the Plaintiff from Korea to the Plaintiff, and the electrical safety management fee shall be calculated in installments according to the quantity of use with other lessees, and the electrical safety management fee shall be borne by the Defendant.

B. The Defendant paid all the electricity charges and rents up to May 2010, but thereafter, did not pay the rent and the electricity.

C. Around July 2016, the Defendant moved out from the high drilling and fuel charging stations, and some wastes, etc. are left unattended.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2, 5, 6 evidence, purport of the whole pleadings

2. The Plaintiff’s assertion of rent was changed to the fixed amount of KRW 1,00,000 from December 1, 201, when one year has elapsed since the lease contract, and the rent was temporarily reduced to KRW 500,000 from March 2, 201 to August 201.

The defendant does not pay rent and electricity rent for up to May 2016 to KRW 56,012,780.

3. Determination

A. In light of the following circumstances, it is reasonable to view that the first lease term expires and the rent from December 2010 changed to a fixed amount, in light of the following circumstances, which can be known by the purport of the entire pleadings and evidence Nos. 2 and 4 after December 2014.

However, in light of the fact that there is no explicit change agreement on rent change, and it is insufficient to recognize that the rent was agreed on KRW 1,000,000 per month only with the evidence of subparagraph 4, and that the rent was temporarily calculated at KRW 500,000 per month, it shall be recognized within the scope of KRW 50,00 per month.

① The Plaintiff received a rent according to the actual results of dried Construction (250,000 won per container). However, the Plaintiff did not receive a rent for the first time during the lease agreement period from June 201 to November 201, 201.

arrow