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(영문) 대구지방법원 2019.05.15 2018나5056
임료
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On September 25, 2016, the Plaintiff entered into a lease agreement with the Defendant on the lease of KRW 20,000 per annum (hereinafter “instant lease agreement”) on the first floor of the building located in Seog-gu, Nam-gu, Sinpo-si (hereinafter “instant store”), KRW 3,000,000 per month, monthly rent of KRW 60,000 per annum (or KRW 500,000 per year until December 2016), management expenses, and the lease period of KRW 10,00 per annum (hereinafter “instant lease agreement”). Around that time, the Plaintiff received KRW 3,000,000 from the Defendant and handed over the instant store to the Defendant.

B. The Defendant paid each of the Plaintiff KRW 500,000,000 on November 1, 2016, and KRW 500,000 on December 2 of the same year, respectively, under the pretext of monthly rent.

C. D From November 22, 2017, the store of this case is operated with a set of bags.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, witness D's testimony, purport of whole pleadings

2. Determination

A. The Plaintiff’s claim 1) was delivered the instant store from the Defendant on November 22, 2017. As such, the Plaintiff deducted the Defendant from the Defendant the sum of KRW 17,00,000 for unpaid monthly rent (i.e., KRW 500,000 for December 1, 2016, KRW 500 for 50,000 for 60,000 for 60,000 for 60,000 for 60,000 for 60,000 for 60,000 for 60,000 for 60,000,000 for 30,000,00 for unpaid management expenses, and KRW 7,00 for 60,00 for 636,00 for 60,000 for 60,000 for 67,000 for 606,67,000 for 67,006,065,067.

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