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(영문) 수원지방법원 2019.06.13 2017가단527915
건물명도(인도)
Text

1. The Defendant’s KRW 2,918,875 as well as the Plaintiff’s KRW 5% per annum from May 30, 2019 to June 13, 2019.

Reasons

1. Basic facts

A. On June 17, 2016, the Plaintiff leased each building listed in the separate sheet (hereinafter “instant leased building”) from C, and on the same day, with C’s consent, leased each building as indicated in the separate sheet (hereinafter “instant leased building”). On the same day, with C’s consent, the period of sub-lease was determined from August 31, 2016 to August 30, 2018 as KRW 2,585,00 (including value-added tax) for the rent of KRW 2,585,00 (including value-added tax) for the rent of KRW 25 million for the rent of KRW 25 million.

B. At the time of the above sub-lease contract, the Defendant agreed that the cost incurred from the occupancy date, such as electricity and water supply, shall be borne by the Plaintiff and the Defendant under the agreement, but the electricity fee shall be calculated as much as it was used.

C. The Defendant paid the above sub-lease deposit to the Plaintiff immediately after the conclusion of the contract, and received the delivery of the instant building from the Plaintiff and operated the factory at that place.

However, as the Defendant was in arrears for more than three months from May 2017, the Plaintiff filed the instant lawsuit seeking the delivery of the instant building and payment of unpaid rents, etc. by expressing his intention to terminate the said sub-lease by serving a copy of the instant complaint on around August 2017.

Around August 3, 2018, when the instant lawsuit was pending, the Defendant returned the instant building to the Plaintiff. The unpaid amount out of the rent accrued until the Defendant returned the said building is KRW 24,383,875 (24,714, Sept. 9, 2016; KRW 2,585,000, KRW 250,161, KRW 161, and KRW 250,000, KRW 250,000, KRW 161, and KRW less than KRW 250,000, KRW 161, and KRW 20,000, around April 7, 2018).

E. The electricity charges and the burden of the leased building incurred by the Defendant for the entire building of this case before returning it to the Plaintiff is as follows.

The electricity charges of the Gu (won) shall be the amount borne by the Defendant on September 1, 2016, 1,058, 130 529,065 529,065,065 October 1, 2016, 575, 480 0 1,575,575,480 0 1,575,480, 480 2,046, 360 2,046, 360 2,046, 360 2,046, 360 2,184, 2202,184, 202,184, and 200.

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