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(영문) 대구지방법원 2021.01.15 2020가단133052

임대료청구

Text

The defendant, on December 19, 2020, against the plaintiff A, KRW 61,971,525, and the plaintiff B, KRW 26,59,225, and each of the said money.

Reasons

1. Basic facts

A. From July 1, 2016 to June 30, 2021, Nonparty D and Plaintiff B entered into a lease agreement with the Defendant on real estate (hereinafter “instant lease agreement”) with the terms that the lease period shall be KRW 150,000,000 (a value separate, payment on the first day of each month; hereinafter the same shall apply) for the real estate indicated in the separate sheet from July 1, 2016 to June 30, 2021, and that the lease deposit shall be KRW 150,000,000 for the rent from July 1, 2016 to June 30, 2018 (hereinafter “instant lease agreement”).

B. From July 1, 2016, the Defendant acquired the instant building from around July 1, 2016 to the present time and possessed it as a regular restaurant.

(c)

Plaintiff

On July 20, 2018, A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) purchased 7/10 shares of Nonparty D’s ownership of the instant building and succeeded to the lessor status of D under the instant lease agreement after purchasing Nonparty D’s shares of ownership.

(d)

On March 11, 2020, the Plaintiffs and the Defendant agreed that the Plaintiffs shall pay from March 2020 to May 2020 of the same year the rent from KRW 11,664,00 per month to KRW 10,000 per month, and that the rent from June 2020 to the expiration date of the lease period shall be paid under the initial lease agreement.

E. The Defendant did not pay the Plaintiffs a rent after June 2020, and the Plaintiffs, on November 27, 2020, notified the Defendant to pay the unpaid rent within five (5) days from the delivery date of the letter of peremptory post proving the content of the contract, and the Defendant would cancel the instant lease contract when the rent is not paid.

In common, the defendant was served on November 30, 2020, but did not pay the same up to now.

F. On December 7, 2020, the Plaintiffs expressed their intent to terminate the instant lease agreement on the grounds that the Defendant did not pay the difference between six months and six months from June 2020 to November 2020. The purport of the said claim and the cause of the claim.