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(영문) 수원지방법원여주지원 2014.07.24 2013가합262

상가건물인도 등

Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and pays KRW 99,154,839 to the plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On March 24, 2011, the Plaintiff, as the owner of the building indicated in the attached list (hereinafter “instant building”), concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”).

Article 1 (Lease Period)

1. From April 1, 201 to December 31, 2012:

2. The extension of the lease period shall be completed two months prior to the expiration of the contract, and no request for renewal of the contract shall be rejected without justifiable grounds.

Article 3 (Terms and Conditions of Lease Agreements)

(a) Deposit for lease: 600 million won;

(b) 85.8 million won per month of rent (including value-added tax);

(c)monthly payments shall be made within 25 days of the following month.

When the monthly tax is in arrears, it shall be paid by calculating the interest rate of 8% per annum.

E. The Plaintiff may reverse the lease agreement in the event that the Defendant did not pay monthly rent for four months.

F. The plaintiff bears the burden of repairing the facility destroyed during the use of the building, and the other part shall be used by the defendant after repair.

G. When a lease contract is terminated, the Defendant shall return the movable property (a document attached thereto) to a usable state.

H. Upon termination of the lease agreement, the Defendant’s facilities (Edong and restaurant buildings) will be donated.

Article 6 (Management and Repair) When the defendant implements construction works, etc. that cause changes in the structure or appearance of the leased object, the defendant shall submit a pre-repair plan to the plaintiff and enter into force after obtaining consent thereto.

Article 11 (Termination of Contracts) Where a lease contract is terminated, the defendant shall restore the above real estate to its original state and return it to the plaintiff.

In such cases, the plaintiff shall return the deposit to the defendant, and when there is any overdue rent or damage compensation, he/she shall restrain it and refund the balance.

B. In order to pay the lease deposit to the Plaintiff, the Defendant, on April 11, 201, extended a loan of KRW 350 million to the Plaintiff at the maturity of repayment on January 13, 2013, at the maximum rate of 9.5% per annum and 10% per annum.

C. From September 2012, the Defendant did not pay the monthly rent.