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(영문) 서울서부지방법원 2016.12.22 2016나206
차임료
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On November 30, 2010, the Plaintiff is a lessee who entered into a lease agreement (hereinafter “instant lease agreement”) with C around November 30, 2010, under which the deposit amount of KRW 40 million is KRW 3,200,000 per month for rent, and the term of lease is from December 1, 201 to November 30, 201 for two-story housing and neighborhood living facilities constructed on the instant land (hereinafter “instant building”).

As a result of repeated renewal, the expiration date of the instant lease agreement is May 31, 2014; and the instant building is March 31, 2014.

B. On February 12, 201, the Plaintiff entered into a sub-lease contract with the Defendant, the sub-lessee, which stipulates that deposit amounting to KRW 40 million and KRW 4.5 million per month shall be paid after the 28th day of each month (excluding value-added tax) with respect to the instant building, site, etc. (hereinafter “sub-lease contract”). As to the parking lot which is the remainder of the instant site, the Plaintiff entered into a sub-lease contract with G and the Defendant as to the parking lot which is the remainder of the instant site, and C agreed to the conclusion of the sub-lease contract, and C agreed to the conclusion of the sub-lease contract.

On the other hand, the sub-lease contract of this case has been renewed again, and the monthly rent of the sub-lease became a total of five million won.

C. The Defendant is operating a cafeteria mutually "E" while occupying and using the object of the instant sub-lease contract.

From October 2014 to November 19, 2015, the Defendant did not pay the Plaintiff the monthly rent for sub-lease. The amount of monthly rent for the sub-lease period from October 2014 to November 2015 (including value-added tax) (including KRW 5 million x 5 million x 7/30) plus 50,000 won x 4 months from January 2014 to January 2015, the Plaintiff appears to have not reported value-added tax. The amount of monthly rent for the sub-lease period from October 2014 to November 19, 2015 is 68,16,666 won in total (including value-added tax).

The rent shall be paid later on the 28th of each month.

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