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(영문) 수원지방법원안산지원 2016.08.11 2014가단116967

건물인도 등 청구의 소

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1. The Defendant (Counterclaim Plaintiff) paid KRW 18,565,985 to the Plaintiff (Counterclaim Defendant) and its related amount from November 21, 2014 to August 11, 2016.

Reasons

[Examination of the principal lawsuit and counterclaim together]

1. The following facts may be acknowledged in light of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 2, 3, 4, and 8.

On November 6, 2013, the instant lease agreement C leased (hereinafter “instant real estate”) Nos. 103, 104, 105, 106, 107, and 108 to the Plaintiff as follows.

(hereinafter referred to as the “instant lease agreement”). Lease deposit: 100,000,000 won: 10% of monthly rent: Provided, That if the amount is not more than 7,000,000 won, the minimum monthly rent shall be KRW 7,00,000 per month, and if the amount exceeds 13,00,000 won, the maximum monthly rent shall be KRW 13,00,000 per month.

However, from November 1, 2013 to May 31, 2014, the minimum monthly rent shall not be applied, and 10% of the monthly sales shall be the monthly rent.

Term of lease: From November 11, 2013 to November 10, 2015: Additional charges of 20% per annum at the time of delay in monthly rent. < Amended by Presidential Decree No. 24177, Nov. 11, 2013>

B. On November 6, 2013, the Plaintiff sub-leaseed the instant real estate to E with the following content:

(hereinafter the above sub-lease contract (hereinafter the "sub-lease contract"): 50,000,000 monthly rent: 2,000,000 won (However, the monthly rent, management fee, etc. of the instant lease contract to be paid to C shall be paid directly by the sub-lessee to C separately from the above monthly rent)

C. On December 17, 2013, the Plaintiff and the Defendant made an oral agreement to sublease the instant real estate to the Defendant in the future. On the same day, the Defendant paid KRW 50,000,000 to the Plaintiff. On February 5, 2014, the Plaintiff drafted a sublease contract with the Defendant to sublease the instant real estate under the following conditions:

(2) The sub-lease contract.