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(영문) 인천지방법원 2018.11.23 2018가단24331

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver all of 870 square meters per floor among the buildings listed in the attached list;

(b) 29,416,990 won and

Reasons

1. Facts of recognition;

A. On May 2, 2016, the Plaintiff: (a) on May 2, 2016, the entire first floor (hereinafter “instant factory”) among the buildings listed in the attached list to the Defendant is KRW 73 million; (b) the lease deposit is KRW 73 million; (c) the rent is KRW 80,300,000 per month; and (d) the period from July 6, 20

8.7.5 On July 5, 200, the electricity water supply and sewerage charges and the management expenses were determined and leased at the lessee.

B. Around July 6, 2016, the Defendant continued to occupy and use the instant factory by delivery from the Plaintiff, and did not fully pay the Plaintiff the rent after May 6, 2018.

C. On August 5, 2018, the rent in arrears as of August 5, 2018 is a total of KRW 240,090,000, and the unpaid amount of management fees, electric charges, water and sewage charges, waste disposal charges, and waste disposal charges is KRW 5,326,90.

The plaintiff notified the defendant of the termination of the above lease contract on the ground of the delinquency in rent by serving the duplicate of the complaint of this case.

(Service Date on September 20, 2018). [Ground for Recognition] No dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Determination of the above lease agreement was lawfully terminated by the Plaintiff’s notice of termination.

The Defendant shall deliver the factory of this case to the Plaintiff, and pay damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 21, 2018 to the date of delivery of a copy of the complaint of this case (=24,090,000 won) and damages for delay at the rate of 8,030,000 won per month from August 6, 2018 to the date of completion of delivery of the above factory.

(A) The fact that the Defendant filed an application for bankruptcy with the Incheon District Court 2018Hahap38 on September 7, 2018 cannot be deemed to have caused a cause for interrupting a lawsuit.