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(영문) 전주지방법원군산지원 2020.03.18 2019가합51173
건물명도(인도)
Text

1. The defendant,

A. From September 26, 2019 to the date of full payment, KRW 10,809,333 as well as the interest rate of KRW 12% as to the plaintiffs.

Reasons

1. Facts of recognition;

A. On March 19, 2018, the Plaintiffs entered into a lease agreement with the Defendant, and following: (a) concluded a lease agreement with the Defendant for the lease term of KRW 1/2,000,000 (including value-added tax, and the payment on March 19, 2018 to March 18, 2019; and (b) delivered the instant real estate to the Defendant around that time.

According to Article 4 of the instant lease agreement, if a lessee fails to pay rent more than three times, the lessor may terminate the instant lease agreement.

B. 1) Under the instant lease agreement, the Defendant paid the Plaintiffs a rent for three (3) months, but did not pay the rent thereafter. On August 30, 2018, the Plaintiffs notified the Defendant of the termination of the instant lease agreement by means of content-certified mail that the Defendant did not pay a rent at least three (3) times, and the said termination notice reached the Defendant around that time. (2) On January 8, 2019, the Plaintiffs were the Defendant and the Defendant, instead of maintaining the instant lease agreement, pay the unpaid rent and the damages for delay until January 31, 2019. If the Defendant did not pay the said money within the said period, the instant lease agreement was terminated immediately, and the Defendant prepared a letter of agreement to preserve and dispose of the subject matter of the lease and to deliver the said movable property to the Plaintiffs (hereinafter “instant letter of agreement”).

C. Even after preparing the instant letter of undertaking, the Defendant did not pay the Plaintiffs the unpaid rent, etc.

Accordingly, the plaintiffs and the defendant.

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