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(영문) 수원지방법원 2015.03.26 2014나26726
차임료 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 4, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 9.2 million for the Dadong C-dong C-dong C-dong C-dong C-dong C-dong C-dong C-dong (hereinafter “instant store”) as one year from July 4, 2012 to July 3, 2013 (hereinafter “instant lease agreement”). The management fees that the management body of the said commercial store notified each month were to be borne by the Defendant, the lessee.

B. The Defendant paid only the management expenses imposed on July 2012, which was the month when the instant lease contract was concluded, and did not pay all the rent and the remainder management expenses.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Judgment on the parties’ assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s instant lease agreement was terminated on July 3, 2013, and the Defendant continuously occupied and used the instant store until August 30, 2013, which is thereafter. Therefore, the Plaintiff shall be paid KRW 11,096,774, totaling the unpaid rent (12 months) and the amount of damages (2 months) equivalent to the unpaid rent (2 months) up to that time, and the total sum of the unpaid management fees during the said period, KRW 5,151,470, totaling KRW 16,528,244, after deducting the rental deposit from the above amount, the remainder of KRW 9,20,000, KRW 7,328,244, and delay damages. Accordingly, the Defendant has no obligation to pay the Plaintiff the rental deposit and the remainder of the rental deposit after deducting the rental deposit and the remainder of the management fees.

B. 1) First, as to the time of termination of the instant lease agreement, each statement of evidence Nos. 2, 4, and 8 (including each number, and witness D of the first instance trial.

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