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(영문) 춘천지방법원 2015.01.13 2014가단2245

건물명도, 임대료

Text

1. The Defendants shall deliver to the Plaintiff the second floor of 178.88 square meters among the real estate listed in the attached Table 1 attached hereto.

2. The Defendants respectively.

Reasons

1. Facts of recognition;

A. On December 1, 2005, the Defendants entered into a lease agreement with the Plaintiff on the second floor (hereinafter “instant real estate”) among the real estate listed in the separate sheet in Defendant B’s name, with a term of KRW 10 million, monthly rent of KRW 600,000 (repaid on January 1), and two years with a term of lease fixed.

B. The Defendants registered the instant real estate with the trade name “D” in the name of Defendant B’s spouse C, and operated the reading room.

C. On February 1, 2012, the Plaintiff and the Defendants renewed the above lease agreement every two years. On February 1, 2012, the lease agreement was renewed by setting the lease agreement as KRW 10 million, monthly rent of KRW 600,000 (repaid on February 1, 201), the lease term as of February 1, 2013 (hereinafter “instant lease agreement”); and on the grounds of a special agreement, the Defendants were to terminate the instant lease agreement if the Defendants were to be three or more vehicles.

As of November 30, 201, the Defendants agreed to pay to the Plaintiff in installments the amount of KRW 6 million out of the rent under the lease contract prior to the renewal of the instant lease agreement, and agreed to pay the said amount in installments until December 15, 201 and January 31, 2012. However, the Defendants did not pay only KRW 5.4 million to the Plaintiff until January 28, 201, and did not pay the remainder of KRW 400,000,000 to the Plaintiff. The instant lease was renewed under the circumstances where the Plaintiff was unable to pay the rent from December 201.

E. From May 2012 to January 21, 2014, the Defendants paid to the Plaintiff a sum of KRW 8.4 million in arrears from May 201 to January 21, 2014, but did not pay the remainder of the rent under the instant lease agreement.

F. On February 17, 2014, the Plaintiff sent to the Defendants, within one week from the date of delivery of content-certified mail, a content-certified mail to the effect that the instant lease agreement is finally terminated if the Defendants did not pay overdue rents, etc. for the 11-month overdue period. The said content-certified mail reached the Defendants around that time.