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(영문) 창원지방법원 2017.09.21 2016가합1021
관리비
Text

1. The defendant shall pay to the plaintiff KRW 109,675,374.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On March 24, 2007, the Plaintiff leased the ten-story C store in Ulsan-gu to the Defendant at KRW 200,000,000 of lease deposit, monthly rent of KRW 14,00,000 (excluding value-added tax; while the rent was set at KRW 15,40,000 from June 1, 2010, and the rent was set at KRW 16,940,00 from June 1, 2012 to KRW 16,940,00,00 from June 1, 2007; the period of lease from June 1, 2007 to May 31, 2014.

(hereinafter referred to as “instant lease contract”). (b)

On June 1, 2014, the Plaintiff and the Defendant concluded an extension contract with the term of lease until May 31, 2016, and raised the rent in KRW 18,634,00.

C. On December 14, 2015, the Defendant notified the Plaintiff that the lease contract was terminated as of January 31, 2016.

On the other hand, on December 16, 2015 and January 12, 2015, the Plaintiff notified the Defendant that the lease contract is terminated on the grounds of the non-payment of rent, and requested the Defendant to pay the rent.

Then, on January 19, 2016, the Plaintiff notified the Defendant that “The amount of 323,609,773 won (excluding interest on delay) for the unpaid rent and management fee claim is offset against the amount equal to KRW 200 million for the refund of the lease deposit.” The Plaintiff demanded the payment of the remaining rent and management fee after offsetting, and notified the Defendant that the store should be restored to its original state by the end of the contract notified by the Defendant by January 31, 2016 (excluding interest on delay).

E. On January 31, 2016, the Defendant terminated the business in the store.

[Ground of recognition] Facts without dispute, entry of Gap 3, 4, and 6 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The details of rents and management expenses that the Plaintiff imposed on the Defendant from March 31, 2013 to February 1, 2016, among the rents and management expenses that the Defendant has accrued, are KRW 280,189,492 in total as follows (i.e., payment of the unpaid rents and management expenses before the expiration of the extinctive prescription, considering the completion of the extinctive prescription, is not sought. Of them, the unpaid rents and management expenses are not payable until 2015, respectively.

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