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(영문) 전주지방법원 2020.01.10 2018나13021
건물명도등
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 20, 2017, the Plaintiff concluded a lease agreement between the Defendant and the instant real estate by setting the lease agreement as KRW 10,000,000, monthly rent of KRW 1,000,000, and the lease period from January 20, 2017 to January 20, 2019.

(hereinafter “instant lease agreement”). B.

The Defendant paid the Plaintiff KRW 6,00,00,00 on January 9, 2017, KRW 100,000 on January 11, 2017, KRW 6,104,092 on March 2, 2017 (=6,00,000 KRW 104,092), KRW 092 on April 4, 2017, KRW 094,023,00 on April 1, 2017, KRW 3,123,189, KRW 1,067,200 on September 14, 2017, KRW 1,067,00 on KRW 1,00 on June 2, 209, KRW 00 on KRW 1,000 on KRW 100,00 on KRW 1,000, KRW 08, KRW 16,008 on June 16, 2008).

C. On July 2, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, Gap evidence 8, 11, the purport of the whole pleadings

2. Determination as to the cause of action

A. Upon the Plaintiff’s notice of termination, the instant lease agreement was terminated. From July 2, 2018 to July 2, 2018, the Defendant is obligated to pay the Plaintiff rent and electricity fee of KRW 6,475,827, and the Defendant is obligated to order the Plaintiff to pay the instant real estate, and the Plaintiff is obliged to pay unjust enrichment or damages calculated at the rate of KRW 1,00,000 per month from July 1, 2018 to the date of surrendering the instant real estate.

B. The defendant's assertion that the real estate of this case was already ordered, there was no overdue electricity charge, and the above claim claimed by the plaintiff is deducted from the lease deposit amount of KRW 10 million which has already been paid, and the defendant suffered damages due to the plaintiff's business obstruction, and thus, the plaintiff's above claim is offset against this damage claim.

C. The Defendant was not paid until July 2, 2018 in full view of the aforementioned evidence, evidence, and evidence Nos. 2 and 3.

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