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(영문) 서울동부지방법원 2018.03.28 2017가단124946
명도
Text

1. The defendant shall indicate to the plaintiff the drawings of the leased object in the attached Form No. 509-1 of the first floor above the Goyang-dong, Busan-gu B shopping mall-dong.

Reasons

1. Facts of recognition;

A. On April 12, 2016, the Plaintiff entered into a standard contract for sub-lease B with the Defendant for commercial facilities (hereinafter “instant store”) as follows (hereinafter “instant sub-lease contract”).

Sub-lease deposit: 15% of the net sales (excluding value-added tax): At least monthly security rent of 6,003,000 won (excluding value-added tax): The location of Sinsan-dong-gu-dong-gu-dong-dong-dong-dong-based-based-based-based-based-type-based-based-based-type-based-based-based-type-based-based-based-type-based-based-type-based-based-type-based-based-type-based-based-type-based-based-type-based-based-based-type-based-type-based-based-type-based-type-based-type-based-type-based-type-based-type-based-type-based-type

B. The Defendant is delinquent in paying the rent for five months from January 2017 to May 201, and the management fee for four months from February 2017 to May 201.

C. On June 7, 2017, the Plaintiff notified the Defendant of the termination of the sublease contract on the ground that the rent and management fee were overdue.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings

2. According to the facts of the above recognition as to the cause of the claim, the sub-lease contract of this case was terminated due to the Defendant’s delinquency in rent.

The Defendant is obligated to deliver the instant store to the Plaintiff.

Although the Defendant asserts that the instant sub-lease contract was concluded by the Plaintiff’s deception, there is no evidence to acknowledge it.

The defendant's assertion is without merit.

3. citing the Plaintiff’s claim.

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