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(영문) 서울동부지방법원 2015.06.25 2014가단109274

건물명도

Text

1. The Defendant’s KRW 7,697,685 as well as the Plaintiff’s annual rate of 5% from April 16, 2015 to June 25, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant concluded each of the following lease agreements:

(hereinafter “each of the instant lease agreements”) 1) on July 9, 2012 (hereinafter “instant B contracts”)

An object: A section (B) of 123.84 square meters inboard (hereinafter “B convenience store”) that connects each point of the attached Form No. 9, 10, 11, 12, 13, 14, 15, 16, and 9 among the buildings listed in the attached Table among the buildings listed in the attached Table.

() Period: From July 9, 2012 to July 8, 2015, lease deposit: 13,060,000 annual rent: 21,766,67 Won 2) on September 14, 2012: The subject matter of the contract (hereinafter “instant contract”) on September 14, 2012: Table 1, 2,3,4,5,66,7,7,8, and 136.29 square meters in parts inside the ship (A) connected each point in sequence among the buildings listed in the separate sheet in the separate sheet (hereinafter “C convenience store”), and when the aforementioned two convenience points are referred to as “each convenience store in the instant case”): the lease contract period from September 14, 2012 to March 31, 2015, the Plaintiff and the Defendant agreed to provide each of the following two convenience points to the Plaintiff and the Defendant: KRW 40,700,740,700,70 each of the following lease deposit.

If the defendant delays the payment of the rent, he/she shall pay damages for delay at the minimum interest rate for the overdue loan interest rate of the national bank at the time of the delay, and the above interest rate as of October 2013 is 7% per annum.

Where the Plaintiff terminated each of the instant lease agreements on the grounds of sub-lease, etc. by the Defendant without the Plaintiff’s consent, the Plaintiff shall refund the rent and deposit calculated on a daily basis for the remainder of the lease after deducting the rent for two months.

B. On June 28, 2012, prior to the conclusion of the instant B contract, the Defendant subleaseed convenience points to D in advance, and sublet C convenience points to E around October 2012.

C. D is occupying and using convenience points from July 9, 2012 to November 1, 2012, and C from November 1, 2012 to the date of closing argument.

As to the instant contract B, the Defendant was from July 9, 2013, and as to the instant contract C.