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Reasons
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(영문) 대구지방법원 2017.01.12 2016가단11261
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) from July 15, 2016, entry in the separate sheet.

Reasons

1. In January 2014, the Plaintiff and the Defendant concluded a lease agreement with regard to the real estate listed in the separate sheet with the term of lease from August 25, 2013 to February 5, 2014, and the monthly rent of KRW 110,000 (payment on the fifth day of each month).

In March 10, 2015, the Defendant deposited KRW 1100,000 per month to the Plaintiff as monthly rent, and paid KRW 110,000 per month from June 2015 to January 2016.

The Defendant paid 50,000 won directly to the Plaintiff as the rent for February 2016, but did not pay the remainder, and paid 950,000 won to the Plaintiff as the rent for March 2016.

From April 2016 to September 2016, the Defendant remitted 90,000 won each month to the Plaintiff as monthly rent.

[Ground of recognition] Gap evidence Nos. 1, 2, 4, and Eul evidence No. 2

A. The Plaintiff asserts that the Defendant did not pay the rent in April 2015, the Plaintiff paid KRW 900,000 as of May 2015, and the Plaintiff did not pay rent in October 2015, and paid KRW 90,000 per month after 2016.

On the other hand, the defendant asserts that there was no delay in paying the rent, and that there was an agreement to adjust the rent to the lower cost of KRW 900,000 from January 2016.

B. In full view of the Plaintiff’s assertion as to whether the Defendant is a vehicle that was not paid, the Defendant directly paid KRW 1,100,000 to the Plaintiff for the rent in April and October 2015, and transferred KRW 900,000 to May 2015, and the remainder of KRW 200,000 to the payment in cash may be recognized, and the Defendant may be deemed to have paid all of the rent in January 2016.

However, the defendant asserted that the rent was reduced to KRW 90,000 per month from January 2016 by mutual agreement with the plaintiff, but there is no evidence to acknowledge it, and rather, the defendant is equity with another person due to the difficulty of economic situation.

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