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(영문) 청주지방법원제천지원 2019.11.27 2019가단1691
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) KRW 44,850,000 and its interest shall be from October 25, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. On December 23, 2016, the Plaintiff leased each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendants as “30,000,000 won for lease deposit, KRW 3,300,000 for rent monthly (including value-added tax), and the lease term from January 15, 2017 to January 14, 2020” (hereinafter “the instant lease agreement”) and thereafter handed over each of the instant real estate thereafter.

On December 14, 2017, the Plaintiff agreed to reduce the amount of KRW 2,200,000 (including value-added tax) per month from December 16, 2017 to December 15, 2018, which is the tea under the instant lease agreement with the Defendants.

B. The Plaintiff received KRW 30,000,000,000 in total from the Defendants as lease deposit, and KRW 30,000,000 in total as of January 13, 2017.

C. The Plaintiff received a total of KRW 15,350,000 from the Defendants, KRW 3,300,00 on January 16, 2017, KRW 6,000 on May 9, 2017, KRW 4,400,000 on July 2, 2017, and KRW 15,350,00 on February 1, 2019, and the remainder was not paid.

On February 11, 2019, the Plaintiff notified the Defendants that “The Plaintiff shall request the Defendants to pay KRW 11,800,000,000, after deducting KRW 30,000,000 from the unpaid rent of KRW 41,80,000 until December 2018.” On April 8, 2019, the instant lease agreement is terminated on the grounds that the Defendants were in arrears of rent.

“The notice was given.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on April 8, 2019.

From January 16, 2017 to January 15, 2017, the date when the term of lease under the instant lease agreement begins is January 15, 2017. Since the Plaintiff seeks to calculate the rent from January 16, 2017 to claim that it is unpaid, the Plaintiff’s claim shall be followed.

The rent by October 15, 2019 and each of the instant real estate.

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