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(영문) 의정부지방법원 2018.09.05 2017가합55695
임대료
Text

1. The Defendant’s KRW 95,229,177 with respect to the Plaintiff and KRW 5% per annum from June 28, 2018 to September 5, 2018.

Reasons

1. Determination on the cause of the claim

A. 1) On January 22, 1997, the Defendant: (a) on the horse riding facilities of the Plaintiff of the 4,056m2 and the 4,056m2 and the 4,056m2 on the ground thereof, Seopopopo-si, Seopo-si; and (b) on the horse riding track facilities of the Plaintiff, all of the instant horse riding track facilities.

) A lease agreement with the content that the lease is made with a monthly rent of KRW 4,000,000 and the lease period of KRW 2 years without a deposit (hereinafter “instant lease agreement”).

(2) While the instant lease agreement was explicitly renewed, the Defendant terminated the said lease agreement to the Plaintiff on December 13, 2017 and terminated by sending the content-certified mail to the Plaintiff on December 31, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 16, witness E's testimony, purport of whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the monthly rent under the instant lease agreement from January 22, 1997 to December 31, 2017.

However, inasmuch as the Plaintiff received all the remaining monthly rents exceeding KRW 453,575,00 from the Defendant during the above period, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid rent of KRW 453,575,00 and the delay damages therefor.

The unpaid annual amount of 198 31,200,000,000 won for 10,275,000 for 1999 30,000,000 for 20,6,600,000 for 200,000 for 30,000 for 200,000 for 34,500 for 200,000 for 205,000 for 34,500 for 2005,00 for 2005,6,000 for 36,00,000 for 205,00 for 205,00 for 39,000 for 200,000 for 2036,000 for 2005,000 for 2003,5,0000 for 204,000 for 2000 for 2013

2. Defendant’s defense and judgment

A. Whether there was an agreement between the Plaintiff and the Defendant on the reduction of rent.

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