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(영문) 부산지방법원 2014.09.02 2013가단83813
건물명도 등
Text

1. Of the Plaintiff’s monetary claim against Defendant C, payment of KRW 3,300,000 shall be made from August 13, 2014 to the 25th day of each month.

Reasons

1. Basic facts

A. On June 2008, the Plaintiff entered into the first contract with Defendant C on approximately twenty-five (25) of the instant real estate (35) (hereinafter “the first contract”) (However, in the contract made for tax return, the lease deposit is stated as KRW 150 million,000,000, monthly rent as KRW 3,000,000.

(a) Term of lease deposit of KRW 200,000,000, monthly rent of KRW 5,000,000 from June 9, 2008;

B. On February 25, 2012, the Plaintiff entered into a lease agreement with Defendant C on the entire real estate of this case (hereinafter “the second contract”) by adding the remainder of ten square meters to the object of the first contract. The second “contract” is written as follows.

The lessee may not sublet the instant real estate without the consent of the lessor from February 25, 2012 during the lease deposit of KRW 500,000,000, monthly rent of KRW 3,000,000 (Additional Tax Table) for a period of 60 months from February 25, 2012, and may terminate the lease contract if it violates it.

C. As the representative director of Defendant C Co., Ltd. (hereinafter “B”), Defendant C operates a mobile phone sales store in the name of Defendant B in the instant real estate, and pays monthly rent of KRW 3,300,000 as stated in the second written contract. [Grounds for recognition] There is no dispute, Party A’s 1, 2, and 3 certificates (each entry, including each number, and the purport of the whole pleadings).

2. The parties' assertion

A. The Plaintiff’s assertion 1) The monthly rent of the second contract is KRW 8,000,000 (the rent of KRW 5,000,000 for the addition of KRW 10,000 for the first contract) unlike that stipulated in the contract. The rent of KRW 3,300,000 for the second contract after the second contract was forwarded to the head of the Tong, and the remainder of KRW 5,500,000 for the money was paid. Defendant C did not pay KRW 5,50,000 for the cash from June 2013 to G around April 10, 2013. Defendant C did not pay KRW 10 for the instant real estate amounting to KRW 300,000 for the sublease of KRW 30,000,000 for the second contract and around March 10, 2013 to Defendant D around March 1, 2013.

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