건물인도 등
1. The Defendant delivers to the Plaintiff the building indicated in the attached list, and from February 1, 2015, KRW 93,387,096 and its amount.
1. Facts of recognition;
A. On January 16, 2014, the Plaintiff: (a) leased a building listed in the [Attachment C] List owned by C (hereinafter “the instant building”); (b) KRW 500 million; (c) KRW 20,000,000 (including management expenses; value added tax); and (d) paid the said deposit upon renting it on January 24, 2016; and (c) concluded a lease agreement with the purchaser D on October 22, 2014.
B. Around January 2014, the Plaintiff entered into a contract with the Defendant to operate the telecom in the instant building during the said lease period, under which the Defendant would pay the lessor the said car, and pay the Plaintiff the profit of KRW 12.5 million per month to the Plaintiff. The Defendant operated the telecom in the instant building from January 27, 2014.
C. From January 27, 2014 to January 22, 2015, the Defendant paid KRW 148,387,096 [12,50,000 (12,500,000 x 11)] out of KRW 10,887,096 (=12,50,000 x 27/31,000 x less than KRW 27/31] to the Plaintiff, the Defendant paid KRW 55,00,00,00 to the lessor, and the rent to be paid to the lessor was overdue.
The plaintiff served a copy of the complaint of this case on the ground of the defendant's default of obligation.
I expressed the intent to terminate the contract described in the subsection.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, since the contract between the Plaintiff and the Defendant was lawfully terminated on January 22, 2015, the delivery date of a copy of the complaint of this case, the Defendant is obligated to deliver the building of this case to the Plaintiff and pay damages for delay at each rate of 20% per annum as stipulated in the Civil Act from February 1, 2015 to May 28, 2015, which is the delivery date of a copy of the complaint of this case (i.e., KRW 148,387,096 - KRW 55,00,000) and the amount of unpaid earnings (i.e., KRW 148,387,096 - 55,000) and the amount of damages for delay from the next day to the day of complete payment.
The plaintiff shall be unpaid for one year.