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(영문) 수원지방법원 2016.01.19 2015가단111576
기타(금전)
Text

1. The defendant shall pay 20,633,225 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On December 10, 2012, the Plaintiff entered into a lease agreement with the Defendant on the land and building located in Suwon-si C (hereinafter “instant leased object”) by setting the lease deposit amount of KRW 5 million, the monthly rent of KRW 2.7 million (payment on January 10), and the lease period of December 10, 2013 (hereinafter “instant lease agreement”).

B. Around January 2013, the Defendant agreed to pay to the Plaintiff KRW 4,50,000 per month, including monthly rent of KRW 2.7 million under the instant lease agreement. The Defendant’s rent, etc. unpaid until August 10, 2014 was KRW 25,130,000 in total.

C. On August 14, 2014, when the Defendant paid 1/2 of the aforementioned unpaid rent, etc. to the Plaintiff by August 30, 2014, the Defendant drafted and issued a letter of performance, stating that the term of lease of this case was extended by no later than December 2014, and that the leased object would be handed over by no later than August 30, 2014 if the said contract is not fulfilled.

The Defendant paid a total of KRW 2.4 million to the Plaintiff from August 10, 2014 to August 30, 2014, and around August 30, 2014, delivered the instant leased object.

Grounds for recognition: Facts without dispute, A1, 5, 8, and the whole purport of pleadings.

2. Determination

A. According to the above facts of recognition, the rent, etc. that the Defendant delivered to the Plaintiff by August 30, 2014 is KRW 25,633,225 [the rent, etc. unpaid from August 10, 2014 to August 30, 2014 = KRW 25,130,000, such as the rent, etc. unpaid until August 10, 2014 to August 30, 2014] 2,903,225 (4.5 million x 20/31, and less than KRW 4.5 million)-Defendant paid by the Defendant from August 10, 2014 to August 30, 2014.]

B. (1) The Defendant’s argument regarding the instant lease agreement was KRW 30 million, but the Defendant paid KRW 5 million to the remainder of KRW 25 million, monthly interest rateing to KRW 750,000,000, and the Defendant paid KRW 400,000 as the facility fee and KRW 650,000 as the facility fee in the instant leased object.

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