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(영문) 대전지방법원 2015.04.08 2014가단12772

건물명도 등

Text

1. The defendant shall pay 45,799,588 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On July 17, 2013, the Plaintiff entered into a lease agreement with the Defendant to apply 102 and 202 of the real estate listed in the separate sheet (hereinafter “instant lease agreement”) to KRW 90,000,000 for lease deposit, monthly rent of KRW 6,500,000 for KRW 360,000 for monthly management expenses, monthly payment in advance, payment in the 17th day of July, 2013 for the term of the lease, from July 31, 2013 to July 30, 2018 for overdue payment due to the special agreement (hereinafter “instant lease agreement”).

B. On March 25, 2014, the Plaintiff sent to the Defendant a certificate of content that stated that the instant lease contract was terminated on the ground that “from August 3, 2013 to the date of payment of rent, management fee, etc.” was not paid, and around that time, the said certificate reached the Defendant.

C. From October 4, 2013, the Defendant operated the CF store in the instant building, and delivered the instant building to the Plaintiff around August 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above recognition on the termination of the instant lease agreement, it is deemed that the instant lease agreement was lawfully terminated on March 25, 2014 when the certificate of content was delivered on March 25, 2014.

In regard to this, the Defendant made a verbal agreement to pay the rent from August 2013 to October each time when money was created, and thereafter, the rent was paid in time thereafter. As such, the Plaintiff’s allegation of termination is without merit, but there is no evidence to support that the installment agreement was made on rent for three months, and therefore, the Defendant’s allegation is without merit.

B. Determination on the claim for the payment of rent, management fee, etc. (1) The Plaintiff calculated from the Defendant the rent, management fee, electricity and tap water fee, and late payment charge of 10% of the late payment charge and late payment charge from August 20, 2014 to March 20, 2015.