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(영문) 수원지방법원성남지원 2016.06.24 2015가단25388

건물인도 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The position of recognition [each of the instant notes]: The amount of KRW 3 million shall be paid by E and the amount of KRW 3 million shall be paid by the Plaintiff on November 1, 2012, which was given up to the Plaintiff on November 1, 2012 and received by E Co., Ltd., while the amount of KRW 6 million per day was paid by E Co to the Defendant.

(Provided, That the deposit shall be set at KRW 100,000 per month and shall be the remittance interval of KRW 200,000 on the 5th day of each month, and shall be the payment rate of KRW 200,000 after one year). Among the first E, it shall not be subject to any civil or criminal prosecution after November 1, 2012.

(B) The contract of the Gu shall be withdrawn. However, after the rent, the defendant may claim the plaintiff to pay the interest out of the deposit.

Name of the mandator: Name of the tenant of the plaintiff: the defendant

A. On November 1, 2012, the Defendant prepared a mutual performance note (hereinafter “each of the instant documents”) between the Plaintiff, a son’s agent of D, and the Plaintiff, as the Plaintiff, who is a son’s son’s agent of D, and was using a vinyl Co., Ltd. (hereinafter “the instant vinyl”) installed on the 15 square meters inside the ship, which successively connected each point of (i) the attached drawing Nos. 1, 2, 3, 4, and 1, which was attached to D’s 1,737 square meters.

B. However, from May 1, 2013, the Defendant did not fully pay the Plaintiff the rent on the instant letter, and D requested the Defendant to terminate the lease contract under the instant letter (hereinafter “instant lease contract”) and deliver the instant vinyl to the Defendant on October 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1 (including each number), the purport of whole pleadings

2. The Plaintiff’s assertion that the instant lease contract is terminated on the grounds of the Defendant’s failure to pay rent for more than two years, etc., and the duplicate of the complaint was served on the Defendant on October 26, 2015.