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(영문) 대전지방법원 서산지원 2017.01.10 2016가단7434

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From November 10, 2016, KRW 50,00 and the above A.

Reasons

1. On June 3, 2016, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with a deposit of KRW 1 million, monthly rent of KRW 150,000 (10,000,000,000,000) and two-year lease period (hereinafter “instant lease agreement”). On the same day, the Plaintiff handed over the building on the attached list to the Defendant.

On June 3, 2016, the Defendant paid 400,000 won to the Plaintiff as security deposit, and thereafter, the Defendant remitted 300,000 won to the monthly rent.

From June 2016 to October 2016, the Defendant did not pay the Plaintiff a total of KRW 750,000,000,000 among KRW 750,000,000. The Defendant notified the Plaintiff that the instant lease contract was terminated on October 10, 2016.

Therefore, the Defendant is obligated to deliver the building indicated in the attached list to the Plaintiff, and pay 50,000 won after deducting the deposit from the unpaid rent of 4,50,000 won to the return of unjust enrichment. In addition, the Defendant is obligated to pay the money at the rate of KRW 1,50,000 per month from October 10 to the date the delivery of the building

(Reasons for Partial Dismissal: The Plaintiff terminated the instant lease contract on the ground that the Defendant was not paid KRW 4.50,000,000, out of the five-month rent from June 3, 2016 to October 10, 2016, and sought payment of KRW 50,000,000 from the unpaid rent, after deducting the deposit, and the aforementioned payment of the rent is prepaid. Thus, the Plaintiff’s claim for payment is ultimately included in KRW 50,00 from October 10 to November 9, 2016.

2. Article 208 (3) 3 of the Civil Procedure Act: