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(영문) 서울중앙지방법원 2019.11.29 2019가단5093154

임대료 등 청구의 소

Text

1. The Defendants are jointly and severally liable to the Plaintiffs for 48,832,810 won and the period from May 31, 2019 to November 29, 2019.

Reasons

1. Basic facts

A. On November 13, 2007, the Plaintiffs leased the Seocho-gu Seoul Metropolitan Government G Ground Building (hereinafter “instant building”) to Defendant D, and on November 13, 2016, the Plaintiffs again leased the instant building at the lessee’s expense, such as deposit deposit KRW 100 million, monthly rent KRW 99 million (including value-added tax), lease period until November 12, 2021, and management expenses.

B. On December 28, 2017, the Plaintiffs filed a lawsuit against the Defendants on November 13, 2016, seeking delivery of the instant building on the grounds of the Defendants’ delinquency in payment of rent (Seoul Central District Court Decision 2017Da524279), and on April 25, 2018, the said lawsuit rendered a ruling of recommending settlement as follows, which became final and conclusive on May 15, 2018.

1. The Plaintiffs and the Defendants confirm that the term of lease and the termination clause of the lease agreement entered into between the Plaintiffs and the Defendants were modified as follows.

Article 4: Change of the term of lease from November 21, 2021 to " November 21, 2020"

(b) Right to terminate the contract of Article 7: The lessor may terminate this contract when the lessee has not paid monthly rent (Article 2) more than twice.

2. The Defendants’ above 1-B

When violating the duty of monthly rent payment, the Defendants shall jointly and severally deliver to the Plaintiffs the real estate stated in the attached Table within one month from that time.

3. At the same time, the Plaintiffs shall pay to the Defendants the remainder after deducting all claims, such as monthly rent and management expenses, from KRW 100,000 to KRW 100,000,000 to the Defendants, incurred until the completion of delivery.

(Provided, That if the amount exceeds the deposit, the Defendants shall jointly and severally pay the amount in excess to the Plaintiffs.

However, from February 13, 2018, the Defendants did not pay the difference.

The plaintiffs around October 19, 2018.