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(영문) 대구지방법원영덕지원 2015.10.13 2015가단637
건물명도, 임대료
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) As from September 1, 2015, KRW 1,610,00 and above.

Reasons

1. Determination as to the cause of claim

A. On July 2012, the Plaintiff is a building indicated in the attached list (hereinafter “instant building”) to the Defendant around July 2012.

(2) A lease deposit is set at KRW 5 million, KRW 660,000 per month, and KRW 2640,000 per month, and the Defendant delayed to pay KRW 2640,000 until December 12, 2014. (2) The Plaintiff, on January 12, 2015, paid KRW 2640,00 in arrears by March 30, 2015. The term of the lease is extended by March 1, 2017; however, the term of the lease is extended by up to March 1, 2015; KRW 66,00,000,00 per month, and KRW 825,00,000 (including value-added tax) from March 2015.

(3) However, the Defendant continued to delay the said lease agreement even after the extension thereof, and the Plaintiff notified the Defendant of the termination of the said lease agreement on April 7, 2015. (4) Meanwhile, the Defendant paid to the Plaintiff KRW 60,000 won on January 17, 2015, KRW 1240,000 on April 15, 2015, KRW 40,000 on May 17, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

B. In light of the above facts, as the instant lease contract was terminated upon termination, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstances, barring any special circumstance. The Defendant is obligated to deliver 1610,000 won (=60,000 won in arrears until 2014,00 won (=660,000 won in arrears until February 2, 2015, KRW 6660,000 in KRW 6660,000 from March 3, 2015 to August 2015, KRW 4950,000 in KRW 6 months from March 2015 to June 2015, but it appears to be calculated in error. - KRW 5,00,000 in KRW 66,00 in KRW -1240,000 - KRW 400,000) and KRW 505,00 in India’s building from September 25, 2015.

On the other hand, the plaintiff sought the payment of the water rate of KRW 330,730, and the electricity rate of KRW 344,800, but the defendant did not pay the above rate.

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