(영문) 광주지방법원 2018.11.07 2018가단9550

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(영문) 광주지방법원 2018.11.07 2018가단9550

임차료 및 임차물명도

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1. The defendant

(a) 4,600,000 won and 15% per annum from May 17, 2018 to the date of full payment.

Reasons

1. According to the overall purport of evidence Nos. 1 and 1 and evidence Nos. 1, the Plaintiff and the Defendant concluded a lease contract with respect to the five-story 232.17 square meters of the buildings listed in the attached Table on July 1, 2014 (hereinafter “instant building”) for a period of 60 months, monthly rent of KRW 100,000 (payment for the last day of each month), the Plaintiff did not pay monthly rent, the fact that the Plaintiff was dissolved by the resolution of the board of directors on June 23, 2017, the Plaintiff was appointed as the Plaintiff’s liquidator, and the Plaintiff was appointed as the Plaintiff’s liquidator on the same day, and on March 28, 2018, the fact that the lease contract was terminated on the grounds that the Defendant’s monthly rent was unpaid.

2. Determination

A. According to the facts of the determination on the cause of the claim, the instant lease contract was terminated by the Plaintiff’s notice of termination on the ground that the Defendant did not pay monthly rent. As such, the Defendant is obligated to pay the Plaintiff KRW 4,600,000 with interest of KRW 4,60,000 for 46 months from July 1, 2014 to April 2018, and at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 17, 2018, the day following the delivery of the copy of the instant complaint, to the day of full payment, and specify 232.17 square meters from among the buildings indicated in the attached list, and from May 1, 2018, the Defendant is obliged to pay the Plaintiff KRW 100,000 per month from May 1, 2018 to the day when 232.17 square meters of the said building is clear.

B. The Defendant alleged that the Defendant would not receive monthly rent when entering into the instant lease agreement with Nonparty D, the actual representative of the Plaintiff (or that the Defendant paid all monthly rent to D), but according to the evidence No. 1, the fact that the monthly rent was stated as KRW 100,000 even in the lease agreement made in the name of the Defendant and Nonparty D, and there was an agreement between the Defendant and D to exempt the Defendant from monthly rent.

Since there is no evidence to prove that rent has been paid to or to D, the defendant's assertion is acceptable.

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