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(영문) 대구지방법원김천지원 2019.07.10 2018가단35123

보험금

Text

1. The defendant's KRW 53,625,00 for each of the plaintiffs and 6% per annum from August 20, 2018 to July 10, 2019.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, 3, 4, Gap evidence Nos. 3 and 4, Gap evidence Nos. 6-1, 2, 3, 4, Gap evidence No. 8, 9, Eul evidence Nos. 1, 2, and 3.

On March 29, 2016, the Plaintiffs entered into a lease agreement with each E Co., Ltd. (hereinafter referred to as “E”) to set the lease term from May 26, 2016 to November 25, 2016, with respect to D 2,059 square meters (hereinafter referred to as “instant land”) for the co-ownership of the Plaintiffs, with a view to replacing the lease term with the “certificate of removal and payment” without a lease deposit, and setting the six-month rent as KRW 150,00,000 (excluding value-added tax).

E has leased the land of this case to use it as the site of the model house for apartment sale, and purchased the model house already installed on the land of this case from F Co., Ltd.

B. At the time of the above lease agreement, E decided to submit “securities for removal, performance, and payment” to the Plaintiffs within 10 days ( April 8, 2016) after entering into a contract to ensure the restoration of the land of this case and the faithful performance of the contract, and the relevant matters are as follows:

Article 4 (Guarantee of Removal Performance and Payment) (2) The amount subject to guarantee of removal performance and payment shall be KRW 350,000,000, and when the remainder payment of land rent is verified, the amount shall be adjusted to KRW 200,000,000, and at the request of E, the Plaintiffs shall cooperate in the issuance of a written confirmation of reduction.

The expiration date of guarantee insurance shall be 120 days after the expiration date of the lease contract.

(4) E shall remove temporary structures and restore the land of this case to its original state by the date on which the lease contract of this contract expires.

Provided, That in cases where E fails to remove within the expiration date of the lease and fails to pay rent from the expiration date to the expiration date of the lease, the lease period.