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(영문) 인천지방법원 2018.11.23 2018가단17043

건물명도등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall enter in the attached list

A. In the case of a building (Dongdong) 492 square meters, the surface of the attached Do shall be indicated.

Reasons

1. Facts of recognition;

A. On January 2017, the Plaintiff is indicated in the separate sheet to Defendant B (hereinafter “Defendant Company”) around January 2017.

(a) In the same list as part of (A) part of 363.6 square meters and the same list among 492 square meters of buildings (dong)

B. Of building (Automatic), part (B) of an order 165.2 square meters in a building (i.e., 492 square meters) was leased with an annual rent of KRW 46.2 million without a lease deposit, and the period from January 1, 2017 to December 31, 2017.

B. Around January 2018, Defendant Company applied for a settlement prior to filing a lawsuit at the Plaintiff’s expense, and the Defendant Company leased the instant factory by setting the expenses to be paid to the Plaintiff, if the settlement is not established due to a cause attributable to the Defendant Company, to the extent that the settlement is not established on the part of the Plaintiff. Around February 2018, KRW 35 million (3.5 million shall be paid in installments for ten months from February 2018; the cause for termination in the event of nonperformance); KRW 3.85,00 per month of rent; KRW 2% per month; the period from January 1, 2018 to December 31, 2018;

(hereinafter “instant lease agreement”). C.

At the time of the conclusion of the instant lease agreement, Defendant C and Defendant D agreed to jointly and severally with the Defendant Company to pay all the obligations to the Plaintiff, such as rent and electricity fee, and the duty to pay water rate, under each of the above contracts.

On February 7, 2018, the Plaintiff applied for settlement prior to the filing of a lawsuit by paying the cost of KRW 107,800 according to the instant special agreement under the instant lease agreement. However, as the Defendant Company was absent on the date of settlement, the settlement was not concluded on April 23, 2018.

E. The Defendant Company did not fully perform its obligation to pay the lease deposit in installments to the Plaintiff, and not pay rent and public charges from time to time.

Accordingly, the Plaintiff notified the Defendant Company of the termination of the instant lease agreement on the ground that the Plaintiff did not pay the lease deposit and the delayed payment of the lease deposit.

(Service Date on June 20, 2018). F. The Defendant Company, by September 30, 2018, added the annual rent to the Plaintiff by September 30, 2018.