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(영문) 서울남부지방법원 2017.08.24 2016가합3967

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 447,074,119 and its amount on June 2017.

Reasons

1. Basic facts

A. On December 1, 2013, between the Plaintiff and the Defendant, the building indicated in the separate sheet owned by the Plaintiff for the purpose of running entertainment bars (hereinafter “instant building”) on December 1, 2013.

30,808,00 won (value added tax and the last day of each month; hereinafter the same shall apply) 50,000 won in deposit, monthly rent 30,808,000;

(1) The term of the contract is determined from December 1, 2013 to November 30, 2014 (hereinafter “instant lease agreement”). The term of the lease agreement on real estate (hereinafter “instant lease agreement”).

(2) On December 1, 2014, the Plaintiff and the Defendant concluded a contract for the renewal of the lease agreement in this case (hereinafter “the lease agreement in this case”) with respect to the instant building again on December 1, 2014, as the deposit amount of KRW 500 million was deducted from KRW 500 million to KRW 372,18,102 until November 30, 2014, and only KRW 127,81,898 remains in balance, the Defendant paid KRW 372,18,102, which is the difference between the above balance and KRW 500 million, monthly rent of KRW 24 million (excluding value-added tax), monthly management fee of KRW 500,000 (excluding value-added tax), monthly management fee of KRW 500,000,000 from December 1, 2014 to November 30, 2016.

B. The Defendant’s delayed payment of rent, etc. under the instant renewal contract. On November 2, 2016, the Plaintiff sent a written notification to the Defendant stating that “as of November 1, 2016, the amount of rent, management fee, electricity, gas user fee, and other taxes and the unpaid amount of KRW 471,184,798 is paid by November 7, 2016.” The Defendant appears to have received the said written notification from the Defendant around November 2, 2016. Accordingly, the Defendant confirmed that the sum of the delayed rents, etc. as of November 2, 2016 is KRW 471,184,798, and that it is not paid completely until November 15, 2016 upon the Plaintiff’s request, if the lease contract is terminated. < Amended by Presidential Decree No. 27574, Nov. 1, 2016>