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(영문) 부산지방법원 2020.12.11 2019나5663
임대료
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. As of May 10, 201, the Plaintiff entered into a lease agreement with the Defendant on a deposit amounting to KRW 5,000,000 for part of the land building C in Busan Metropolitan City (hereinafter “instant building”), KRW 800,000 per month for tea (excluding value-added tax), and the lease term of the instant building from May 10, 201 to 24 months (hereinafter “instant lease agreement”). At that time, the Plaintiff transferred the instant building to the Defendant.

B. On December 11, 2018, the Plaintiff received the instant building on or around December 11, 201, and was not paid KRW 9,496,101 in total, including rent, electricity, water rates, etc. up to that time.

C. On the other hand, on July 15, 201, D Co., Ltd. (hereinafter “D”) was established as the principal office of the Busan Young-gu, Busan, where the leased object is located, as the director E, and the auditor.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 5, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the remainder of KRW 4,496,101, which remains after deducting KRW 5,000 from KRW 9,496,101, which is the sum of the overdue rent (including value-added tax), electricity charges, water charges, etc., as sought by the Plaintiff, except in extenuating circumstances.

B. The defendant's argument 1) The summary of the defendant's argument was that the lease contract of this case was temporarily concluded in the name of the tenant before D was established as the defendant, and the lessee was changed to D on July 15, 201. As such, the defendant's argument that the lessee is the lessee of the lease contract of this case is without merit. 2) The defendant's argument that the lessee is the lessee of the lease contract of this case is without merit, based on the evidence and evidence Nos. 2, 3, 1-1, 2-2, 2-1, 2-2, 3, 3-2, 4, 3-2, and 4, the rent, etc. under the lease contract of this case in the name of D, and accordingly, the plaintiff is also a tax invoice D.

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