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(영문) 부산고등법원 2015.12.10 2014나6473
임대료 등
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff filed a claim for the unpaid rent and value-added tax against the Defendant. The first instance court partially accepted the unpaid rent claim and dismissed the claim for value-added tax.

Since only the defendant has filed an appeal against this, the scope of the judgment of this court shall be limited to the part against the defendant among the claims for rent unpaid.

2. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and this part of the reasoning for the judgment of the court of first instance is cited as it is.

3. Determination as to the cause of action

A. The Defendant’s payment of the rent from September 16, 201 to April 15, 2012 (from September 16, 2011 to March 15, 2012, the rent from September 201, to April 15, 2012) to the Plaintiff is no dispute between the parties. Under the instant consent, the Plaintiff is entitled to issue a tax invoice necessary for the Defendant to receive the rent from the interest rate of thisland. According to the evidence No. 1, according to the Plaintiff’s name, the Defendant issued the supply price of each of the instant stores from September 2011 to January 2, 2012, the supply price of KRW 3,52,064, and the rent from February 2, 2012 to February 3, 205, respectively.

B. According to the above facts, the monthly rent from September 16, 201 to April 15, 201 with respect to each of the instant stores that the Defendant is obligated to pay to the Plaintiff is KRW 3,522,064 (excluding value-added tax) (excluding value-added tax). There is no agreement that only the rent for two months is set differently during the above period, and the difference in the supply price for other months is merely KRW 1,00,000, and it is reasonable to view that the rent for two months is also KRW 3,52,064) and the Plaintiff’s own deduction from the original rent.

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