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(영문) 춘천지방법원 원주지원 2018.11.20 2018가단885

건물인도 등

Text

1. The Defendant delivers to the Plaintiff the building indicated in the attached list, and from October 1, 2018, KRW 5,288,960 and its amount.

Reasons

Basic Facts

A. On November 21, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the term of lease as one year from January 1, 2017 to December 31, 2017, the lease deposit of KRW 10,000,000 (including value-added tax, and KRW 1,100,000 for the rent month (hereinafter “instant lease agreement”) with the Defendant, and delivered the instant building to the Defendant on January 1, 2017.

B. The Defendant did not pay the Plaintiff the rent from June 1, 2016.

C. On December 29, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that the instant lease contract is terminated on the grounds that the Defendant was in arrears for more than three months, which reaches the Defendant on January 3, 2018.

[Ground of recognition] The lease contract of this case was terminated upon the termination of the plaintiff's assertion of facts without dispute, Gap evidence Nos. 1, 2, and 5 (if there are serial numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole argument.

Therefore, the defendant delivers the building of this case to the plaintiff from June 1, 2017 to September 30, 2018. 17,60,000 won (=1,100,000 won x 16 months x 16 months) in total of 18,600,000 won in unpaid accounts of electricity tax (=17,60,000 + 1,000,000 won + 1,00,000,000 won in £« 1,00,000 won in lease deposit, and 2,073,050,050 won in electricity paid by the defendant to the defendant and 2,073,050 won in total, 238,000 won in unpaid amount of national revenue paid by the defendant + 31,050 won in total (10,000,000,008 won in total), 308,205 won in -6308.

Judgment

According to the first basic facts as to the cause of claim, the renewed lease contract of this case is on the ground of the defendant's delinquency in rent, as the plaintiff did not notify the rejection of renewal or the change of conditions between six months and one month before the expiration of the lease term.