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(영문) 수원지방법원 2016.08.11 2015가단146831
사용료
Text

1. The Defendant: (a) KRW 16.5 million to the Plaintiff; and (b) 5% per annum from September 19, 2015 to August 11, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owns approximately 1,300 square meters of land C and above-ground livestock pens and animal and plant-related facilities (hereinafter “instant real estate” as combined below, and the livestock shed part among them is referred to as “instant livestock shed”).

B. Around January 2008, the Defendant entered into a sublease contract between D and D with the lessee of the instant real estate at the time to pay KRW 5 million of the deposit, KRW 5 million of the monthly rent, and KRW 45 million of the premium for the instant real estate until January 30, 2010.

C. On November 21, 2009, the Plaintiff terminated the lease contract with D during the said sub-lease period. On November 21, 2009, the Plaintiff entered into a real estate lease contract with the Defendant for the instant real estate from November 30, 2009 to November 30, 2015 (hereinafter “instant lease contract”), and entered into the lease contract. The monthly rent is KRW 1.3 million under the contract.

On February 1, 2010, the Plaintiff, while maintaining the instant lease agreement, drafted a lease agreement in which the monthly rent is KRW 1.3 million with the Defendant, in order to use it for business registration, etc. around February 1, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Eul evidence 1, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. 1) The Plaintiff and the Defendant agreed to KRW 2 million for monthly rent under the instant lease agreement. By June 2015, the Defendant paid KRW 82 million out of the rent that occurred for 67 months under the instant lease agreement and did not pay KRW 52 million for the remainder of the rent. 2) The Defendant, without the Plaintiff’s consent, sublet the instant stable to E without permission, and did not manage the stable, thereby causing KRW 77,436,00 for the repair cost to restore the stable to the original state.

3. Therefore, the defendant is against the plaintiff.

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