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(영문) 서울동부지방법원 2020.02.07 2018나28640
임대료 및 관리비
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

Reasons

1. Facts of recognition;

A. On October 2013, the Plaintiff: (a) leased the instant building D or E (hereinafter referred to as the “instant building”) of Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the “instant building”) to the Defendant with the lease deposit of KRW 10 million; (b) monthly rent of KRW 1.65 million (including value-added tax, the last day of each month); (c) November 11, 2013 through November 10, 2016; and (d) as a special terms and conditions, the rent shall be free lease from November 11, 2013 to May 30, 2014.

(hereinafter “instant lease agreement”). B.

Of the instant stores, subparagraph D of the instant store was designated and sold as health drinks and E, and the Defendant leased the instant store in order to operate the “G” that sells teas. On November 5, 2013, the Defendant applied for temporary approval for change of the type of business from the management body on January 13, 2014 for a temporary change of the type of business to “the tea/G” and obtained approval from the management body until November 20, 2014.

C. On November 4, 2014, the management body sought to the Defendant for the implementation of the period for the temporary change of the type of business and the implementation of the implementation of the restoration of the type of business after the lapse of the period for the temporary change of the type of business. Based on the management body regulations, etc. that the Defendant would not comply with, the management body took measures on the instant store from November 21, 2014 to January 7, 2015; from September 1, 2015 to January 14, 2016; and from May 14, 2016, a fractional measure was taken as to the instant store.

(hereinafter referred to as "the suspension of this case, the suspension of fractional measures" is combined with the above three times. D.

The Plaintiff received respectively KRW 1,650,000 on June 30, 2014 under the instant lease agreement from the Defendant, and KRW 1,50,00 on October 2, 2014, KRW 1,650,000 on November 3, 2014, KRW 1,650,000 on August 25, 2015, KRW 1,50,000 on August 25, 2015, and KRW 1,500,00 on September 14, 2015.

E. The Defendant removed from the instant store on October 17, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. As to the principal lawsuit

A. The plaintiff's assertion and the defendant's assertion.

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