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Reasons
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(영문) 대전지방법원천안지원 2019.06.20 2018가단10858
건물인도 등
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1. Defendant C:

A. The current status of the first floor of a building indicated in the attached Table 1, among the 338.43 square meters of general restaurants, shall also be the attached building.

Reasons

1. Claim against the defendant B

A. In addition to the purport of the entire pleadings in the statement in subparagraph 1, the Plaintiff is obligated to pay the Plaintiff the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,80,000, and the lease deposit of KRW 1,80,000 from May 10, 2013 to May 9, 2015, and the value-added tax is assessed against the Defendant separately from the rent. Thus, the Defendant B is obligated to pay the Plaintiff the rent of KRW 25,20,00,000, out of the lease deposit of KRW 230,000, and the value-added tax is assessed against the Plaintiff from May 10, 2013 to August 9, 2014.

B. As to this, Defendant B asserts that his claim such as the Plaintiff’s above rent has expired with the short-term extinctive prescription of three years.

According to Article 163 subparag. 1 of the Civil Act, claims aimed at the payment of interest, support fees, salaries, rent, and other money or goods within a period of not more than one year are subject to the short-term extinctive prescription of three years. The purport of the instant lease agreement, separate from the rent, is that the Defendant, who is the lessee, agreed to pay the value-added tax by 10%, in addition to the rent, is to pay the Plaintiff the amount of value-added tax (the Plaintiff also arranged the details in arrears). Thus, monetary claims equivalent to the Plaintiff’s rent and value-added tax, which are paid at a fixed period of not more

Therefore, the Plaintiff’s claim against Defendant B, including the unpaid rent, from May 2013 to August 9, 2014, had expired after the short-term extinctive prescription of three years prior to August 9, 2017. As such, the Plaintiff’s claim for money against Defendant B is without merit.

2. Claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Confession;

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