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Reasons
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(영문) 수원지방법원평택지원 2019.05.28 2018가단5725
건물인도 등
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1. The defendant shall pay to the plaintiff KRW 12,638,422.

2. The Plaintiff’s claim is the future rent after May 2, 2019.

Reasons

1. Facts of recognition;

A. (1) On February 1, 2017, the Plaintiff entered into a lease agreement with D Co., Ltd. and Ansan-si, setting the lease deposit amount of KRW 100 million, monthly rent of KRW 600,000,000, from February 1, 2017 to February 1, 2022.

(2) On January 17, 2017, the Plaintiff entered into a sublease contract with the Defendant with the effect that the deposit for the sublease deposit for the first floor of the building in question (hereinafter “instant building”) is KRW 50 million, monthly rent (on January 1, 201), KRW 3 million (on January 1, 2017, spring is in arrears). The period for the sublease is from January 17, 2017 to January 16, 2022; and the premium is KRW 40 million to be paid until July 31, 2017.

(B) The Defendant, from February 1, 2017 to February 1, 2017, operated a restaurant while performing interior works in the instant building from around February 1, 2017, and the Plaintiff paid 1/2 up to KRW 1.5 million by taking into account two months during the construction period of the rent in March 2017.

B. (1) On February 8, 2018, the Plaintiff sent a letter verifying the effect that the sub-lease contract is terminated by February 28, 2018, the sum of KRW 15 million for five months, KRW 6.9 million for the premium, KRW 118, 118,50 for the waterworks and sewerage charges, KRW 750 for the waterworks and sewerage charges ( KRW 63,220 for the balance of November 1, 2017, KRW 55,30 for the waterworks and sewerage charges), plus KRW 22,018,750 for the waterworks and sewerage charges, and was served on the Defendant on February 9, 2018.

(2) On August 16, 2018, the Plaintiff entered the purport that the sub-lease contract is terminated, as the Plaintiff delayed the payment of KRW 15 million for five-month rent in the instant complaint, and the water supply and drainage fee of KRW 1,907,840. The duplicate of the instant complaint was served on the Defendant on August 29, 2018.

C. The Defendant’s payment of rent and premium (1) KRW 1.5 million to the Plaintiff on February 28, 2017;

4.5. Gold 1250,000 won;

5.26. Gold 250,000 won;

7.4. Gold 2 million won;

7.5. Gold one million won;

8.2. gold 3 million won;

8.3. gold 6 million won;

8.3. gold 4 million won;

8.7. Gold 18 million won;

8. 30. 30. 1 million won under the defendant.

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