(영문) 대전지방법원 2015.07.15 2014가단221064

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(영문) 대전지방법원 2015.07.15 2014가단221064

손해배상(기)

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1. The Defendant’s KRW 7.98 million to the Plaintiffs and its related 5% per annum from September 30, 2014 to July 15, 2015.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of Seo-gu Daejeon District Court No. 102 (hereinafter “instant building”).

B. On August 24, 2010, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Korea Development Bank Co., Ltd. (hereinafter “Nonindicted Company”) by setting the rental deposit amount of KRW 200 million, monthly rent of KRW 5.7 million, and the lease period from October 1, 2010 to September 30, 2013 with respect to the instant building (hereinafter “instant lease agreement”).

(E) At the time of the instant lease agreement, the Plaintiffs and E owned the instant building, and the Plaintiff and C purchased the E’s shares.

Meanwhile, while entering into the instant lease agreement, the Plaintiffs and the Nonparty Company agreed to compensate for damages due to nonperformance at the time of the late payment of rents and the termination of the contract as follows.

The unpaid rent arrears: The rent shall be paid on the first day of each month, and the late payment charge shall be paid at the time of delinquency at the following rates:

[Article 5 (1) of the Lease Contract]. When the lease contract of this case is terminated, the lessee shall remove the leased property and all the property owned by the lessee within the expiration date, and return the keys and the property owned by the lessor to the lessor and return the whole leased property to the lessor.

[Article 12 (1) of the Lease Contract]. If a lessee fails to take out the property or property for any reason, or fails to order it by restoring the leased property in its original condition, the lessee shall pay to the lessor an amount equivalent to two times the sum of ordinary rents and management expenses as damages, within one month from the date the contract is terminated. In such cases, all expenses shall be borne by the lessee.

[Article 12 (3) of the Lease Contract]

Meanwhile, on May 2, 2012, prior to the expiration of the instant lease agreement, the Plaintiffs were the Defendant and the Defendant.

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