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(영문) 인천지방법원 2015.03.27 2014가합61056

건물명도

Text

1. Defendant A Co., Ltd. shall indicate, (1), (2), and (3) the attached drawings among the branch buildings of the building listed in the attached list to the Plaintiff.

Reasons

1. Indication of claim;

A. On March 27, 2013, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on the following terms: (a) indicated in the separate sheet among the buildings (hereinafter “instant building”); (b); (3); (4); and (1) part 2,561 square meters in a ship (hereinafter “part of the leased building of the Defendant Company”) which successively connected each of the following points, are KRW 100,000 in a lease deposit; (c) KRW 15,490,00 in a rent month; (d) KRW 774,50 in general management expenses (excluding value-added tax); and (e) lease agreement between March 1, 2013 and April 30, 2015 (hereinafter “instant lease agreement”); and (e) from that time, the Defendant Company entered into a lease agreement with the leased building that occupies and uses the leased building of this case.

B. (1) While the Defendant Company was in arrears with the payment of the rent within the lease term, the Defendant Company delayed the payment of the said rent during the last three months (from October 2014 to December 201 of the same year). (2) Accordingly, the Plaintiff terminated the instant lease contract as of December 31, 2014 on the ground of the delinquency in the payment of rent.

C. 1) Calculation of the claim amount: (a) On December 31, 2014, when the instant lease contract was terminated, the rent and management fee in arrears of the Defendant Company is KRW 57,646,635,00 in total; (b) the Defendant Company: (c) from January 1, 2015 following the termination of the instant lease contract; and (d) from January 1, 2015 to the delivery date of the part of the Defendant Company’s building among the instant building, the amount equivalent to the rent and management fee should be returned as unjust enrichment; (e) when calculating the average management fee for the last three months, the amount equivalent to the rent and management fee is KRW 19,251,545 per month.

3) On the other hand, Defendant B and the Plaintiff jointly and severally provided a joint and several surety for all the Defendant Company’s obligation to pay rent to the Plaintiff under the instant lease agreement.