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(영문) 서울북부지방법원 2020.02.12 2019나713
건물명도 및 월세금
Text

1.The judgment of the first instance, including a claim reduced by this Court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. A. Around September 2004, the Plaintiff: (a) determined and leased to the Defendant a lease deposit of KRW 2 million; (b) KRW 50,000 per month; and (c) KRW 44.345 square meters per month (hereinafter “the instant building”) among the branch floors of the real estate in the attached list owned by the Plaintiff among the branch floors of the real estate indicated in the attached list owned by the Plaintiff; and (d) determined the lease deposit of KRW 1,2,3,445 square meters per month.

After paying the deposit to the Plaintiff, the Defendant was a director of the instant building on September 16, 2004.

B. The Plaintiff and the Defendant agreed to raise the tea in KRW 440,00 from July 26, 2005, and KRW 500,000 from January 2009.

C. The Plaintiff and the Defendant settled that the outstanding amount was 5,220,000 won (i.e., the outstanding amount 1,620,000 won from 208 to 9, 2011) as a result of the settlement that the unpaid amount was 5,220,000 won (=3,600,000 won).

The Defendant paid KRW 600,000 per month to the Plaintiff from October 2011, and paid KRW 500,000 per month from December 2017 to August 16, 2018.

The amount paid by the Defendant until August 16, 2018 after the settlement of accounts is KRW 1,80,000 in 201 and KRW 6,920,00 in 200 in 2012 (the “D” means the Defendant’s family because the phone number of KRW 600,00 in March 15, 201 is the same as the last place of the mobile phone number of the Defendant or the Defendant’s husband, and thus, appears to be the Defendant’s family member in 2013, KRW 8,260,00 in 20 in 2013, KRW 6,50,00 in 200 in 2015, KRW 7,200 in 200 in 2017, KRW 6,500 in 20 in 2017, KRW 400 in 200,00 in 208,030 in 204.

E. On February 8, 2019, the Defendant handed over the instant building to the Plaintiff, and paid KRW 500,000 to the Plaintiff on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 7, 8, and 9, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On September 201, the Plaintiff asserted that the Plaintiff would pay KRW 5,220,00,000 calculated by subtracting deposit of KRW 2,00,000 from the total rent in arrears between the Defendant and the Defendant until that time. From October 2011, the Plaintiff raised the rent of KRW 600,000 per month.

However, the defendant's above-mentioned KRW 5,220,00 and February 8, 2019 are from October 201 to February 8, 2019.

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