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(영문) 서울동부지방법원 2018.11.09 2018가단15940
계약불이행금
Text

1. The defendant shall be the plaintiff.

(a)payment of KRW 25,200,000;

B. From July 3, 2018, the second floor D of the building in Pyeongtaek-gun, Gangwon-do.

Reasons

1. Disposition No. 1 of the Disposition by the plaintiff to the defendant

A lease contract (hereinafter “instant lease contract”) is concluded for the building indicated in the port (hereinafter “instant commercial building”) with a lease deposit of KRW 20 million, monthly rent of KRW 20 million, and the period from November 10, 2005 to November 10, 2007; the instant commercial building was transferred to the Defendant; the said lease deposit was paid by the Defendant; the Defendant paid a rent for six months after November 2005, and the subsequent rent was overdue; the Plaintiff sent a notice to the Defendant by mail verifying the termination of the instant lease contract on January 14, 2013; or there is no dispute between the parties, or there is no counter-proof evidence as to the fact that the Plaintiff sent a notice to the Defendant by mail verifying the termination of the instant lease contract on the grounds of the overdue payment of rent.

2. Assertion and determination

A. On the premise that the Plaintiff’s assertion that the instant lease agreement was terminated, the Plaintiff sought payment of the amount of KRW 82,200,000,000, which was the remainder after deducting KRW 20,000,000 from the sum of the rent in arrears until June 28, 2018, and the amount of KRW 70,000,000 per month from June 29, 2018 to the completion date of the delivery of the instant commercial building.

In this regard, the defendant asserts that it is improper to seek payment of the short-term extinctive prescription as well as the payment of the difference in arrears.

B. First, according to the above basic facts, the instant lease agreement was lawfully terminated and terminated at the time when the notification was delivered to the Defendant on January 14, 2013, according to the Plaintiff’s declaration of termination as of January 14, 2013. 2) Next, there is no evidence to acknowledge that the Defendant paid all arrears other than the rent for six months in the above basic facts. Thus, this part of the Defendant’s assertion is without merit.

3. The following claim for rent under the instant lease agreement constitutes a claim for the purpose of paying money within a period of not more than one year under Article 163 subparag. 1 of the Civil Act.

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