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(영문) 수원지방법원 성남지원 2018.10.02 2017가단20844

건물인도 및 임료

Text

1. Of the first floor of buildings E and F on the part of the Plaintiff, Hanam-si, and the Plaintiff:

A. Defendant B Co., Ltd. is KRW 15,000,000 from the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 3 (including paper numbers) and Eul evidence No. 1:

On December 4, 2014, the Plaintiff leased to the Defendant Company the amount of KRW 15,00,000 for lease deposit, and KRW 1,800,00 for monthly rent, from January 10, 2015 to January 10, 2017, the lease deposit was set at KRW 15,00,00 for lease deposit, KRW 1,80,000 for monthly rent, and KRW 1,80,000 for rent, among the first floor of the building of Hanam-si and F Ground Factory.

(hereinafter referred to as "first lease"). (b)

On the same day, the Plaintiff, among the first floor of the above factory building, leased 33 square meters inside a ship (hereinafter “second factory”) which connects each point of the attached drawing No. 1, f, e, g, and Ga in sequence, to Defendant D, with the term of lease from January 10, 2015 to January 10, 2017, at KRW 500,000 for monthly rent from January 10, 2015 to January 10, 2017

(hereinafter referred to as “second lease”) and the first and second leases are all referred to as “second lease” (hereinafter referred to as “second lease”).

Until April 2017, the Defendants engaged in the kimchi manufacturing business in the instant plant until the end of the lease period of the instant case, but moved into the place of business in the state of leaving part of their installed facilities and equipment, around May 2017, and did not pay the difference from February 2017.

2. The parties' assertion

A. Even after the termination of the instant lease agreement by the Plaintiff, the Defendants had impliedly renewed the lease agreement following the Defendants’ use and profit-making of the instant plant. The Defendants did not pay a rent after February 2017. Therefore, the lease agreement is terminated by delivery of the duplicate of the instant complaint.

Therefore, the Defendant Company delivered the first factory to the Plaintiff, and the unpaid rent of KRW 18,000,000 from February 2017 to November 2017, immediately before filing the lawsuit, and its related rent of KRW 18,000,000. < Amended by Act No. 11503, Nov. 10, 2017>