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Reasons
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(영문) 창원지방법원 2019.01.24 2018가단10541
건물명도 등
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1. The Defendant (Counterclaim Plaintiff) receives KRW 26,255,000 from the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On June 28, 2013, the Plaintiff and the Defendant concluded a lease agreement on the instant building with the following content:

(hereinafter “instant lease agreement”). (1) A lessor: A lessor; (2) a lease deposit for the Defendant: KRW 50,000,000 per month: KRW 3,500,000 per month; (3) a period: June 28, 2013; or (2) June 30, 2016.

In around 2016, the Plaintiff and the Defendant agreed to extend the term of the instant lease agreement for two years.

C. However, the Defendant did not pay for more than three months the rent under the instant lease agreement, and on August 1, 2018, the Plaintiff sent to the Defendant a certificate indicating that the instant lease agreement was terminated due to the overdue rent, and around that time, the said certificate was served on the Defendant.

The Defendant was running a restaurant until December 3, 2018 in the instant building, and terminated the business. From December 4, 2018, the Defendant did not operate the business in the instant building.

E. The amount of the overdue rent that the Defendant did not pay to the Plaintiff by December 3, 2018 at the end of its business is KRW 23,745,00.

【Ground of recognition】 The fact that there has been no dispute, entry in Gap 1, 2, and 5 evidence, and the purport of the whole pleading

2. Duty to return buildings and deposit money;

A. According to the fact that the instant lease contract was duly terminated by the Plaintiff’s notification on the termination of the lease agreement due to the Defendant’s delinquency in rent, and the Plaintiff’s obligation to return KRW 26,25,00,000 remaining after deducting the Plaintiff’s delayed rent from KRW 50,00,00, from KRW 23,745,000, and the Defendant’s obligation to deliver the instant building to the Plaintiff.

B. The Plaintiff’s assertion 1 as to the Plaintiff’s assertion: (a) KRW 21,50,000 in arrears from August 20, 2018 to August 19, 2018 and KRW 3,850 in arrears from August 20, 2018 to the completion date of delivery of the instant building.

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