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(영문) 대구지방법원김천지원 2015.06.17 2015가단881
차임
Text

1. The Defendant (Counterclaim Plaintiff) paid nine million won to the Plaintiff (Counterclaim Defendant) and against this, from May 14, 2015 to June 17, 2015.

Reasons

1. Basic facts

A. On July 4, 2013, the Plaintiff leased D and C (hereinafter “instant real estate”) from the Gu-Si, Si, Gu-si (hereinafter “instant real estate”) as deposit amounting to KRW 20 million, monthly renting KRW 800,000, and the rental period of KRW 24 months.

B. On July 20, 2013, the Plaintiff subleaseed the instant real estate to the Defendant with a deposit of KRW 5 million, KRW 1 million per month, and the sublease period of KRW 24 months.

(hereinafter referred to as “the sub-lease of this case”). 【The grounds for recognition ] The fact that there is no dispute, entry of Gap evidence Nos. 1, 5, and 6, and the purport of the whole pleadings.

2. Determination as to the principal lawsuit

A. The Plaintiff’s assertion and the Defendant agreed to terminate the instant sub-lease contract around April 2015. As such, the Defendant is obligated to pay to the Plaintiff the unpaid rent of KRW 14 million from February 15, 2014 to April 15, 2015, KRW 200,000,000,000 management expenses, KRW 70,000,000,000, and KRW 200,000,00,000,000,00

B. On April 15, 2014, the Defendant’s allegation that the instant sub-lease contract was lawfully terminated by the Plaintiff’s notice of termination.

The Plaintiff shall return to the Defendant the remainder of KRW 3 million after deducting the unpaid rent of KRW 2 million from KRW 5 million to April 15, 2014, from KRW 5 million to KRW 5 million.

In addition, the defendant does not have the obligation to pay management expenses, removal expenses, repair expenses, etc. to the plaintiff.

C. Determination 1: (a) The fact that the Defendant did not pay the rent from February 15, 2014 to the Plaintiff is without dispute between the parties; and (b) according to the evidence No. 7, it is acknowledged that the Plaintiff sent to the Defendant on April 7, 2014, “if the Plaintiff does not pay the unpaid rent by April 15, 2014, the lease contract is terminated and the claim for the rent claim and the name of the building will also be claimed; and (c) this is merely the demand for the payment of the unpaid rent and it does not immediately terminate the sub-lease contract.

Thus, the sub-lease of this case is terminated by the agreement between the plaintiff and the defendant or the plaintiff's expression of termination on or around April 2015.

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