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(영문) 서울동부지방법원 2019.12.24 2019가단7144
건물명도 등
Text

1. The defendant shall pay 34,150,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff leased the Gangdong-gu Seoul Metropolitan Government D Building E to the Defendant with a deposit of KRW 10 million, KRW 1.5 million per month, and the period from October 27, 2015 to October 26, 2017.

(However, due to the circumstances of the defendant, the lease contract was made in F's name as an employee of the defendant.

According to the above lease agreement, if the defendant has been in arrears for at least three consecutive months, the plaintiff may terminate the lease agreement. The defendant began to delay the rent from September 27, 2016.

C. On February 15, 2017, the Plaintiff notified the Defendant that “I would terminate the lease agreement if I would pay the overdue car by February 21, 2017,” but the Defendant continued to pay the overdue car thereafter.

On the other hand, the Defendant repaid KRW 5 million to the Plaintiff on September 20, 2017, and delivered the said leased object to the Plaintiff on June 18, 2019.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff KRW 4,9150,000,000,000,000 for the remainder after subtracting the repayment amount of KRW 5 million and the lease deposit of KRW 10 million from September 27, 2016 to June 18, 2019 (i.e., KRW 1.5 million per month x 32 months x 23 days).

3. According to the conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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