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(영문) 대구지방법원서부지원 2020.12.09 2019가단64799
차임지급청구
Text

The defendant's KRW 14,610,426 to the plaintiff and 6% per annum from August 31, 2019 to December 9, 2020.

Reasons

1. Facts of recognition;

A. On October 10, 2016, the Plaintiff, a corporation that carries on real estate leasing business, etc., leased D neighborhood living facilities E (hereinafter “instant real estate”) to the Defendant on a fixed basis as from October 10, 201 to May 24, 2019, by setting the deposit amount of KRW 30 million, monthly rent of KRW 2.7 million (excluding value-added tax, monthly payment of KRW 30,000,000 per month), and the contract period from May 24, 2017 to May 24, 2019.

(2) The term “other matters” and “the late payment charges of 5% per month at the time of the arrears of rent” are stipulated under a special agreement. The term “other matters” and “the late payment charges of 5% per month” are stipulated under the Commercial Building Lease Protection Act (hereinafter “the Commercial Building Lease Protection Act”).

The defendant received the above real estate and operated the licensed real estate agent office.

B. The Defendant began to delay the payment from July 2017 to the Plaintiff, and did not pay the payment from July 2018 to the Plaintiff.

On May 23, 2019, the Defendant notified the Plaintiff of the termination of the lease agreement upon the conclusion of the contract, and retired from the instant real estate on May 24, 2019.

C. The Defendant delivered the instant real estate to the Plaintiff during the instant lawsuit pending.

【Uncontentious facts, Gap’s entries in Gap’s evidence 1, 2, 4, and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff’s refusal to renew the lease contract under the Commercial Building Lease Act was not made six months or one month prior to the expiration of the lease term, the instant lease contract was implicitly renewed until May 24, 2020 under the same conditions as the previous one.

Therefore, the Defendant’s payment of KRW 44,50,00 from July 2018 to August 2019, and the late payment of KRW 15,102,450,00, which began from July 2017, calculated by the agreed interest rate of KRW 5% per month from July 24, 2017.

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