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(영문) 대구지방법원 2017.02.08 2016나308201
체납월차임
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. On October 21, 2014, the Plaintiff entered into a contract with the Defendant for the lease of a steel-frame building with the value of KRW 80 million, monthly rent of KRW 380,000 (excluding value-added tax), and the period from October 22, 2014 to October 22, 2016 on the ground that the Plaintiff did not pay a rent for 66 days from June 2015 to August 2015 (hereinafter “the lease object of this case”). The Defendant did not dispute between the parties or may be recognized by the entry of the evidence No. 3.

Therefore, the defendant has an obligation to pay to the plaintiff 9,196,00 won unpaid to the plaintiff = (3,80,000 ± 30 ± 66) ¡¿ 1.1 (value-added tax) and below a minority number] from September 15, 2015 to September 30, 2015, the next day following the service of the original copy of the payment order in this case; Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; Article 3(1) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015) (Presidential Decree No. 26553, Sep. 25, 2015); Article 3(1)5 of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26535, Sep. 25, 2015). 205).

2. Judgment on the defendant's assertion

A. The summary of the Defendant’s argument regarding the assertion regarding the succession of the sub-lease 1 was that the Defendant sub-leaseed D the leased object of this case to D, and even though the Plaintiff consented thereto, the Plaintiff sold the leased object of this case before August 2015, and did not notify the buyer E of the sub-lease, and thus, the sub-lease contract was not succeeded to the buyer.

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