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(영문) 춘천지방법원 2017.01.10 2016가단4443
건물인도 등
Text

1. The Defendant (Counterclaim Plaintiff) received KRW 32,174,263 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 6, 2014, the Plaintiff: (a) attached Form No. 132.2314 square meters (hereinafter collectively referred to as “instant commercial building”); (b), (c), (d), (e), (6), and (a) of the parts on board connected each point of (i), (i), (ii), (iii), (iv), (vi), and (i) of the attached Form No. 9.1735 square meters and two floors; and (b) of the attached Form No. 132.2314 square meters in order to connect each point of (i), (ii), (iii), (iv), (iv), and (i) of the building listed in the attached Form to the Defendants; (b), (iii) the leased deposit amount of KRW 50,000; (iv) the monthly rent of KRW 2,000,000 (However, for two months during one year, the monthly rent of KRW 1,500,000); and (iii) the period from November 21, 2014.

(hereinafter referred to as “instant lease agreement”). B.

The Defendants paid KRW 50,00,000 to the Plaintiff, and around that time, operated a restaurant by January 31, 2016 after being transferred the instant commercial building from the Plaintiff, and operated the restaurant from February 1, 2016, but did not operate the restaurant until now.

C. However, the Defendants paid a monthly rent until January 2016, and did not pay monthly rent from February 2016, and the Plaintiff expressed its intent to terminate the instant lease contract as the principal complaint of this case on the grounds of the Defendants’ failure to pay monthly rent for at least five months. The instant warden was served on Defendant B on July 28, 2016, and on Defendant C on July 29, 2016, respectively.

Meanwhile, the price that the Plaintiff did not supply to the Defendants is KRW 6,454,770.

[Ground for Recognition: Facts without dispute, entry of evidence No. 1, purport of the whole pleadings]

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the instant lease agreement was lawfully terminated on July 29, 2016, which was served on the Defendants on the grounds of the Defendants’ delinquency in monthly rent.

Therefore, the Defendants are obligated to deliver the instant commercial building to the Plaintiff and pay the overdue monthly rent from February 1, 2016 to July 29, 2016.

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