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Reasons
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(영문) 대전지방법원홍성지원 2016.06.14 2015가단10806
임대료 청구의 소
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1. The Defendant’s KRW 19,450,00 for the Plaintiff and its related KRW 5% per annum from November 10, 2015 to June 14, 2016.

Reasons

1. Facts of recognition;

A. On May 16, 2014, the Plaintiff: (a) leased a building with a lease deposit for KRW 70 million; (b) monthly rent of KRW 4.8 million (payment on May 15, 2016; and (c) agreed that the lessor shall repair the basic building in the case of defect repair of a building; and (d) the lessee shall repair the equipment and fixtures or fixtures of the building with respect to the lease deposit for KRW 70 million; (e) monthly rent of KRW 4.8 million; and (e) May 15, 2016.

(hereinafter “instant lease agreement”). B.

On December 20, 2014, the Plaintiff agreed to receive KRW 3.5 million from November 15, 2014 to the monthly rent of the instant building. On February 17, 2015, the Plaintiff agreed to receive KRW 2.5 million from January 15, 2015, and decided to invalidate the monthly rent delay.

However, on August 7, 2015, in the course of resolving the problems arising between the Defendant and the Defendant, the Plaintiff drafted a written agreement with the Defendant to receive KRW 2.5 million as before.

C. Meanwhile, the Defendant paid to the Plaintiff the monthly rent on the 15th day of each month under the instant lease agreement, but only 12 times between June 16, 2014 and July 15, 2015, paid 340,050,000 won.

On September 18, 2015, the Plaintiff sold the instant building to D and E in KRW 610 million. The Plaintiff agreed to receive the lease deposit under the instant lease agreement from the buyer, not to pay the lease deposit before October 30, 2015, and to pay the seller KRW 9 million out of the lease deposit.

Since September 23, 2015, the Plaintiff completed the registration of ownership transfer on the instant building to D and E.

[Evidence Evidence: No dispute exists, Gap 1 to 4 evidence, each entry of Eul 1 to 4 evidence, the purport of the whole pleadings]

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Plaintiff entered into the instant lease agreement and sold the instant building to D and E.

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