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Reasons
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(영문) 청주지방법원 2018.08.29 2017가합203685
건물명도(인도)
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1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet, and as to each of the above real estate.

Reasons

1. Basic facts

A. On May 29, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants regarding each of the instant real estate, which stipulates that the period shall be extended by five years automatically (from May 29, 2017 to May 28, 2012) and KRW 16,500,000 for monthly rent (including value-added tax; hereinafter the same shall apply) and from May 29, 2012 to May 28, 2017, the Plaintiff paid the Plaintiff KRW 250,500 for lease deposit and the Plaintiff paid KRW 250,000 for lease deposit to the Plaintiff.

Article 4 of the Commercial Building Lease Contract (Fuest restaurant): (hereinafter referred to as “A” and the Defendants of the Lessee)

1. Monthly rent of 15,000,000 won, and the fifth day of each month of the payment date;

2. “B” is to pay monthly rent (excluding value-added tax) by the fifth day of each month to “A” in the following accounts by the fifth day of each month.

3. If “B” fails to pay a monthly rent to “A” by the date set forth in paragraph 2, the monthly rent in arrears shall be paid by adding an overdue charge of 20% per annum to the monthly rent in arrears.

4. Where the lease period commences or terminates on the monthly map, it shall be calculated according to the number of days;

5. If “B” delays or does not pay rent, the total sum of the amounts calculated by adding the late payment charges under paragraph 3 to the payment of rent shall be deducted from the lease deposit.

Article 6 (Management and Maintenance Expenses)

1. Monthly maintenance expenses: 2,233,00 won = 3,500 won per square meter ¡¿ 2,11.93 square meters (63.8 square meters) for rent;

3. Where the period of lease commences or terminates during a month, it shall be calculated by the day (the date when the period of lease expires/the total number of days of the month);

Article 7 (Late Payment) The amount to be paid by “B” under this Agreement.

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