건물명도(인도)
1. The Defendant’s KRW 22,514,690 as well as 5% per annum from September 13, 2018 to February 12, 2020 to the Plaintiff.
1. Basic facts
A. On July 4, 2016, the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 5,000,000 (payment on July 4), management expenses of KRW 710,00,00, and period of lease from July 4, 2016 to July 3, 2018, with respect to the three floors (hereinafter “instant store”).
(hereinafter “instant lease agreement”). B.
According to the instant lease agreement, ① if the Defendant fails to pay monthly rent, management fee, or electricity fee for at least two months, the business may be suspended and the instant store may be transferred. ② Damage, breakdown, etc. of facilities shall be repaired and used by the Defendant, and ③ Facilities shall be restored to their original state upon expiration of the lease term.
C. When operating a screen golf course (hereinafter “instant golf course”) at the instant store, the Defendant paid KRW 47,025,000 in total to the Plaintiff as monthly rent, etc. as shown in the attached Table 2 attached hereto.
The details of electric charges imposed on the instant building from July 2016 to May 2017 shall be as stated in attached Table 3, "the details of the Plaintiff's payment of electric charges".
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 6 evidence 1, 4 through 14, Gap 7 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff and the Defendant agreed to pay the Plaintiff the remainder of the amount calculated by deducting the amount of KRW 1,300,000 per month from the electric utility charges imposed on the instant building, KRW 1,300,00 per March, and KRW 1,300,00 per April, KRW 1,150,000 per May, KRW 1,50,000, KRW 6,000 per July, respectively, and KRW 1,150,000 per September, and KRW 8,150,000 per September, and KRW 1,150,000 per September, and KRW 1,10,100, KRW 10,100,00 per month, and KRW 1,250,00 per December.
(hereinafter “Electric Fee Payment Agreement”). On April 2017, the Plaintiff is likely to operate a scke golf course from the Defendant.