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Reasons
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(영문) 인천지방법원 2012.11.07 2012나6318
차임
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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On April 9, 2009, the Plaintiff entered into a contract with the Defendant for the lease of KRW 30,000,000 for the lease deposit, KRW 2,50,000 for the rent month (excluding value-added tax 10% for the rent), between February 21, 2009 and February 20, 201 for the term of lease (hereinafter “the lease contract of this case”), and the Defendant entered into a contract for the lease of KRW 30,000 for the lease deposit, from February 21, 2009 to June 5, 2009 (hereinafter “the lease contract of this case”). The lease contract of this case between February 21, 2009 to June 5, 2009, which is the period necessary for the Defendant to carry out the interior construction of the instant store (hereinafter “the lease contract of this case”).

B. The Defendant paid to the Plaintiff KRW 10,625,00,00 on June 22, 2009 under the instant lease contract, KRW 2,875,00 on July 22, 2009, KRW 2,500 on August 24, 2009, KRW 4,000 on June 30, 2010, KRW 10,625,000 on the aggregate of KRW 10,625,00 on the rent from June 6, 2009 to February 20, 205, KRW 56,375,00 on the aggregate of KRW 1,375,00 on the rent from June 6, 200, KRW 200, KRW 1,375,00 on the rent from June 20 to value-added tax from June 20, 209, KRW 2005, KRW 16,500 on the rent from June 205, 20005.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including each number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 15,750,000 and the delay damages therefor, which are due under the instant lease agreement.

3. Defendant’s assertion and judgment

A. The defendant's assertion ① unilaterally closed the instant store on December 24, 2010 by the plaintiff's unilateral closure on December 24, 2010, the defendant ordered the non-party E to the plaintiff's agent under the agreement with the plaintiff. Accordingly, the instant lease agreement on December 31, 2010.

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