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(영문) 대구지방법원경주지원 2015.08.18 2015가단2112

손해배상(기)

Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, each point in the separate sheet No. 3, 4, 5, 6, and 3 shall be in sequence.

Reasons

1. Basic facts

A. On July 4, 2005, C, the husband of the Plaintiff, set the lease deposit amount of KRW 100 million, monthly rent of KRW 250 million, and from September 1, 2005 to August 31, 2015, leased each of the above real estate from D with D’s permission, and thereafter extended the two-story building adjacent to the above existing building on each of the above land.

B. On December 15, 2008, the Plaintiff, among the buildings extended above to the Defendant, leased (a) parts of the repair stores, parts and solid storages, goods storage stores, office 230 square meters and 34 square meters in size in the second floor office (hereinafter “instant building”), lease deposit money of KRW 30 million, monthly rent of KRW 6 million (5 million in each month, and KRW 5 million in each month, and KRW 6 million in each month), lease period of KRW 6 million in each month (hereinafter “instant lease contract”), and around that time, delivered the instant building to the Defendant.

On October 23, 2013, the Plaintiff agreed to change the monthly rent from January 2013 to September 2013 (excluding value-added tax) and 500,000 won per month from October 2013 to August 2015.

C. On January 15, 2015, when the Defendant operated the G Motor Vehicle Repair Point in the instant building, the Defendant delayed payment of monthly rent from January 15, 2015, and on May 12, 2015, the Plaintiff filed the instant lawsuit against the Defendant, and filed a lawsuit against the Defendant on May 12, 2015, and the duplicate of the instant complaint containing a declaration of intent to terminate the instant lease agreement on the grounds of overdue rent at least twice.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. According to the above facts finding as to the cause of the claim, the Defendant’s delinquency in paying monthly rent from January 15, 2015, and the Plaintiff concluded the instant lease agreement on the ground that at least twice the Defendant’s delinquency in paying monthly rent.