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(영문) 서울중앙지방법원 2016.07.14 2015가단5330886
건물명도
Text

1. The defendant is against the plaintiffs:

(a) KRW 119,569,012 and KRW 69,838,012 among them shall be fully repaid from September 1, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiffs leased all the 2nd floor of the Seoul Gangnam-gu Seoul Metropolitan Government F building (hereinafter “instant building”) to the Defendant and newly concluded a lease agreement (use restaurant) with the following terms and conditions on July 18, 2013.

Article 2 (Rental Deposit, Rent, etc.) 1: 10 million won, monthly rent: 12,351,000 won (in addition to surtax), monthly management fee: 2,864,00 won (in addition to surtax 3), individual monthly public charges (such as electricity, water supply fee, etc.) for use shall be imposed separately, including monthly management fee.

(hereinafter referred to as “monthly rent, etc.” when adding monthly rent, monthly management expenses, and monthly public charges. Article 3 (Period of Contract and Extension of Contract) (1) Term of Lease refers to the period from September 1, 2013 to August 31, 2016. Article 4 (Payment of Rent, Management Fee, Public Charges, etc.) (2) The defendant shall pay interest in arrears at the time of delay of rent, management fee, public charges, etc. (for example), etc.

(com) applying 24% per annum to the plaintiffs (comfore).

Article 7 (Right of Lessee to Termination of Contract) When the defendant committed any of the following acts, the plaintiffs may terminate this contract without a peremptory notice and take appropriate measures accordingly, and the defendant may not claim damages against the plaintiffs:

1) If the Defendant fails to pay the rent, management expenses, public charges, etc. under this Agreement for at least two months, the Defendant shall remove the facilities installed in this building by no later than the date of surrender, and if the damage on the leased property occurs, the Defendant shall restore the facilities installed in this building to its original state or reimburse it at the expense of the Defendant.

2 If a facility installed by the defendant is not removed by the date of surrender, the plaintiffs may compulsorily remove the facility and then claim the expenses to the defendant.

B. However, the Defendant’s monthly rent, etc.: KRW 7,641,580 for November 2014; KRW 18,559,746 for December; KRW 17,386,710 for January 2015; KRW 18,203,172 for February; KRW 17,285,40 for March; and KRW 18,103 for April.

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