(영문) 대구지방법원 영덕지원 2018.05.29 2017가단1849

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(영문) 대구지방법원 영덕지원 2018.05.29 2017가단1849

임대료

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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 13,500,000 with full payment from October 19, 2017.

Reasons

In the case below, the principal lawsuit and counterclaim shall be deemed to be filed together.

1. Where there is no dispute between the parties to the judgment as to the main lawsuit, or when comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2 (including branch numbers), the plaintiff set the second floor (hereinafter referred to as the "instant commercial building") on March 23, 2009 to the defendant on March 23, 200 as the lease term of the commercial building of this case, for 36 months from the delivery date of the commercial building of this case, the deposit amount of KRW 10 million (the real estate lease contract (Evidence No. 1) made between the plaintiff and the defendant, the deposit amount of KRW 20 million is stated, but there is no dispute between the parties as to the fact that the deposit amount actually received is KRW 10 million,000,000 from the lease date to September 2015). The defendant may recognize that the above lease was made to the plaintiff from the commercial building of this case from the lease date of this case to the lease date of this case.

Therefore, the defendant is obligated to pay to the plaintiff 47-month rent of KRW 23.5 million (=5 million x 47-month rent) from November 1, 2011 to September 2015, the amount of KRW 13.5 million calculated by deducting deposit of KRW 10 million from deposit deposit, and to pay damages for delay calculated at the rate of KRW 15% per annum from October 19, 2017 following the delivery date of the copy of the complaint of this case to the day of full payment, as requested by the plaintiff.

2. Judgment on the defendant's assertion and counterclaim against the principal lawsuit

A. The summary of Defendant 1’s assertion that the instant building was deducted during the construction period of the instant building was repaired for four months from the end of October, 2011, and the Plaintiff closed the stairs through the instant commercial building from the entrance of the instant building. Accordingly, the Defendant did not run its business in the instant commercial building.

Accordingly, the plaintiff would provide the defendant with the deduction of the above four-month rent.

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