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(영문) 창원지방법원 통영지원 2018.11.08 2018가합10261

약정금

Text

1. The defendant shall pay to the plaintiff A KRW 78,443,710, KRW 73,478,405, and KRW 79,463,489 to the plaintiff C respectively.

2.

Reasons

1. Basic facts

A. The Plaintiff A, B, and E respectively concluded a lease agreement with the Defendant to lease each of the following units of G G buildings on the land (hereinafter “instant real estate”) on the following table (hereinafter “each of the instant lease agreements”).

Serial 1 Rent A 109 Dong 302, Feb. 17, 2014, Plaintiff B 2,900,000 won from July 24, 2015 to 36 months from July 24, 2015, which was the occupancy date, and Plaintiff B 102 Dong 104, February 7, 2014, which was the occupancy date, KRW 36 months from July 23, 2015 to 36 months from July 2, 2015 (Plaintiff C) E (Plaintiff C) 3 E (Plaintiff C) 109 Dong 30303, Feb. 10, 2014, which was the occupancy date. 36 months from July 29, 2015 to 2,90,000,000 won

B. On June 25, 2015, the instant real estate was approved for use on June 25, 2015, and registration of preservation of ownership was made on July 14, 2015.

C. On September 13, 2016, E succeeded to 109 Dong303 of the instant real estate, among the inherited property, and succeeded to the lessor status under the said lease agreement entered into between E and the Defendant.

Under each of the instant lease agreements, the Defendant paid KRW 22,281,595 in total to the Plaintiff A, and KRW 23,969,844 in total to the Plaintiff C, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant is obligated to pay the plaintiffs the unpaid rent within 36 months from the date of each occupancy under each of the instant lease agreements.

The rent payable by each plaintiff shall be as follows:

The monthly rent for the calculation of the Plaintiff’s rent for the rent for the lease on a deposit basis at the end of July 23, 2015, A1 A, the due date of the payment of the rent for the lease on a deposit basis, shall be KRW 104,40,500,000 on July 23, 2018; KRW 24,50,000; KRW 24,506,290; KRW 79,893,710 on July 23, 2015. < Amended by Presidential Decree No. 24455, Jul. 23, 2015>