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(영문) 서울남부지방법원 2015.05.13 2014가단65568
건물명도
Text

1. The Plaintiff, Defendant B ordered the buildings listed in the attached list, and Defendant Losch Rexroth Co., Ltd., above.

Reasons

1. Facts of recognition;

A. On April 16, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the deposit amount of KRW 20,000,000, monthly rent of KRW 250,000, and the lease period of KRW 24 months, and Defendant B did not pay that it was monthly rent from November 2013.

B. Defendant B sublet the instant store to Losch Rexroth Co., Ltd. without the Plaintiff’s consent.

[Ground for Recognition] Defendant B: Confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated by the delivery of a copy of the complaint of this case containing the Plaintiff’s declaration of termination.

As such, Defendant B is ordered to order the instant store, Defendant Losch Rexroth leaves the instant store, and the Defendants are jointly and severally liable to pay unjust enrichment calculated at the rate of KRW 2,500,000 per month from June 17, 2014 to the time of ordering and leaving the instant store.

In addition, Defendant B is obligated to pay to the Plaintiff the monthly rent of KRW 17,500,00 (=2,500,000 x 7 months x 7 months) due to delay from November 17, 2013 to June 16, 2014, and to pay damages for delay calculated at the rate of 20% per annum from December 12, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. Conclusion, the plaintiff's claim is justified.

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