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(영문) 서울서부지방법원 2018.09.06 2017가단237608

건물명도(인도)

Text

1. Defendant KELD Co., Ltd. and Defendant-Counterclaim Plaintiff B shall be from 13,295,000 to 13,295,000 won from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 12, 2015, the Plaintiff, as a lessee of the building listed in the attached list (hereinafter “instant building”), entered into a sub-lease contract (hereinafter “sub-lease contract”) between the Defendant KELD Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the 15,000,000, the sub-lease deposit amounting to KRW 1,50,000, the rent of KRW 1,500,000 (payment and value-added tax payment on the 10th of each month), and the sublease period (hereinafter “sub-lease contract”) and KRW 50,000,00 for the 10th of each month and February 28, 2017.

B. On June 26, 2017, Defendant Company transferred the instant sub-lease deposit to Defendant B and notified the Plaintiff thereof. Accordingly, the Plaintiff was entitled to the direct payment from Defendant B, and the sub-lease deposit was also paid to Defendant B.

However, Defendant B did not pay three times since August 2017. On November 1, 2017, the Plaintiff sent to the Defendants a certificate of the purport that the instant sub-lease contract was terminated, and the Plaintiff’s delivery of the instant store was changed by February 28, 2018, which is the expiration date of the Plaintiff’s lease agreement, and filed the instant lawsuit seeking delivery and overdue rent against the Defendants.

C. The amount of overdue rent that occurred by February 28, 2018 is KRW 11,935,000 (i.e., KRW 1,705,00 per month x seven months). Defendant B repaid to the Plaintiff a total of KRW 10,230,000 by July 30, 2018 near the date of the closing of the instant argument.

Meanwhile, upon the termination of the lease agreement on the instant building on February 28, 2018, the Plaintiff delivered all of the remainder except the instant store to the lessor, but did not receive a refund of the lease deposit from the lessor due to the lack of delivery of the instant store.