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(영문) 대전지방법원천안지원 2019.03.13 2018가단3911
임대료
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 68,911,536 and the full payment from October 16, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. A. Around August 2005, the Plaintiff entered into a lease agreement with the Defendant on a total of KRW 70,000,000,000, monthly rent of KRW 2,000,000,000, and the period of September 27, 2007, on a total of KRW 464.66,00 square meters (a total of approximately 140,000,000; hereinafter the building in this case) in the Seo-gu, Seo-gu, Seo-gu, Incheon-gu, the Plaintiff owned by the Plaintiff.

(hereinafter referred to as the "Lease of this case")

The Defendant extended the lease term on a one-year or two-year basis with the Plaintiff and operated a singing practice room and other businesses in the instant building. On October 2014, the lease of the instant building was renewed with the content of KRW 100 million, monthly rent of KRW 6,900,000 (excluding value-added tax), and the period of October 13, 2015.

C. On December 1, 2015, the Plaintiff received an amount calculated by deducting the overdue rent from the lease deposit of KRW 100 million from the Daejeon District Court Branch of the Daejeon District Court (Seoul District Court Branch Decision 2015Da19847) from the lease deposit, and filed a lawsuit seeking to transfer the building of this case against the Plaintiff. On October 13, 2016, conciliation was mainly concluded with the following contents.

(hereinafter referred to as “instant conciliation”). The term of the lease between the Plaintiff and the Defendant shall be extended from October 21, 2016 to January 21, 2018.

However, the rent from October 21, 2016 shall be determined by KRW 8,000,000 per month (the payment of rent shall be made on the 20th of each month, and the subsequent payment shall be made).

(2) If the Plaintiff does not pay the rent by the due date for arrears, 10% of the rent for the relevant month shall be added to the payment for arrears. The Defendant shall deliver the instant building to the Plaintiff by February 21, 2018 (after the end of the lease one month), but shall remove and deliver the interior toilets, walls, and the interior facilities (including the expanded parts) other than main walls, columns, floors, and ceilings (including the extended parts).

(Exemption from unjust enrichment equivalent to the rent or rent, which falls under one month from February 21, 2018 after termination of the lease: Provided, That the foregoing shall not apply.

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