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(영문) 수원지방법원여주지원 2015.03.05 2013가단14639
임료 등
Text

1. As to KRW 25,374,193 and KRW 23,067,448 among them, the Defendant shall pay to the Plaintiff the year from December 19, 2013 to March 5, 2015.

Reasons

1. Basic facts

A. (1) On April 19, 2007, the Plaintiff leased two floors among the real estate listed in the Plaintiff’s separate sheet owned by the Plaintiff (hereinafter “instant first lease agreement”), and on August 19, 2009, the lease deposit amount was KRW 2.5 million to the Defendant, KRW 2.2 million to the rent (including value-added tax), KRW 150,000 per month, and KRW 1.2 million to the rent, and the lease period was determined from August 1, 2009 to July 31, 201, and leased three floors among the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant first lease agreement”), and the lease deposit was KRW 2 million to the Defendant on August 1, 2009, KRW 1.1 million to the rent (including value-added tax), KRW 3 million to the management fee, and the lease period was determined from August 1, 2009 to July 31, 2011.

(2) The Defendant, at the time of each of the instant lease contracts, used the real estate indicated in the attached Form to use and benefit from a cosmetic private teaching institute in the course of operating the cosmetic from August 25, 2013 after the delivery of each of the leased objects from the Plaintiff.

B. Since May 2012, the Defendant failed to pay the Plaintiff rent and management expenses based on each of the instant lease agreements.

C. (1) The Plaintiff asserted that each of the instant lease agreements was terminated upon the termination of the Plaintiff’s termination due to the Defendant’s nonperformance of the obligation to pay the rent, and filed a lawsuit against the Defendant seeking payment of the amount calculated by the ratio of KRW 3.5 million per month from May 1, 2012 to the date of delivery of the real estate indicated in the separate sheet (i.e., KRW 2., KRW 1,100,000,000,000,000,000,000 won under the first lease agreement of KRW 1,220,000,000,000,000,000 won under the second lease agreement of this case).

(2) On November 16, 2012, a complaint stating the Plaintiff’s declaration of termination of each of the instant lease agreements in the instant lawsuit Sheet (hereinafter “instant lawsuit”).

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