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(영문) 인천지방법원 2016.08.23 2015나14372

건물명도등

Text

1. Paragraphs 1 and 2 of the decision of the first instance, including the plaintiff's claim expanded in the trial, are as follows.

Reasons

1. Basic facts

A. On July 14, 2011, the Plaintiff leased the instant factory to the Defendant with a lease deposit of KRW 15 million, the lease term of KRW 24 months from July 25, 201, and the rent of KRW 210,000 per month (excluding value-added tax).

(hereinafter “instant lease agreement”). The Defendant agreed to pay to the Plaintiff the electricity charges (excluding value-added tax) and the water supply charges incurred in operating the instant factory.

B. The instant lease agreement was implied renewal due to the failure of both the Plaintiff and the Defendant to express his/her refusal to renew, and around that time, the Plaintiff and the Defendant agreed to increase the monthly rent from July 25, 2013 to KRW 2.250,000 (excluding value-added tax).

C. As the Defendant did not pay two or more vehicles, on October 27, 2014, the Plaintiff sent to the Defendant a certificate that contains the content that the instant lease contract is terminated on the grounds of the rent delay, and the said content certification reached the Defendant around that time.

The sum of monthly rents, electricity charges, and water charges incurred in relation to the instant factory from July 25, 201, when the term of lease of the instant lease was expired to October 27, 2014, following the completion of the foregoing content certification to the Defendant, is KRW 148,312,798 (including value-added tax) and the sum of monthly rents, etc. paid by the Defendant to the Plaintiff during the said term is KRW 118,417,710.

E. Meanwhile, the Defendant continued to occupy and use the instant factory even after the termination of the instant lease agreement, and did not pay electricity fees from November 2014 to April 2015, and the Plaintiff paid on behalf of the Plaintiff at that time. The sum is KRW 3,248,520.

【Ground of recognition】 Each description of evidence of subparagraphs 1 through 9, 14 through 19 (including branch numbers; hereinafter the same shall apply), the whole purport of the pleading

2. Determination as to the cause of action

(a) judgment on claims, such as factory delivery and overdue rent;