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(영문) 창원지방법원 마산지원 2018.10.10 2018가단102082
건물명도(인도)
Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

B. KRW 51,734,552 and its related thereto, April 11, 2018

Reasons

1. Facts of recognition;

A. On June 23, 2017, the Plaintiff agreed with the Defendant to pay the lease deposit KRW 100 million, monthly rent of KRW 6050,000 (including value-added tax), and the Plaintiff and the Defendant to pay the monthly rent and management expenses by the tenth day of the following month.

(1) Article 5(1) of the instant Lease Agreement: (a) concluded a lease agreement (hereinafter “instant lease agreement”) with a fixed rate of 24% per annum for delay damages in arrears, such as rent and management expenses, from July 1, 2017 to June 30, 2019; and (b) the Defendant paid the said lease deposit to the Plaintiff around that time.

B. The Defendant paid only KRW 30,131,781 out of the total sum of the rent and management expenses incurred from July 1, 2017 to March 31, 2018, as indicated in the details of the payment of rent and management expenses, to the Plaintiff, and did not pay the remainder. As such, the rent and management expenses in arrears as of March 31, 2018 shall reach KRW 51,734,552.

C. On October 13, 2017, the Plaintiff received the instant lease agreement from the Defendant on the ground that the lease contract was terminated on at least two occasions, and the Defendant confirmed that the Plaintiff had a debt of KRW 32,126,07 in the aggregate of the rent and management expenses from July 2017 to October 10 of the same year. In addition, on December 10, 2017, the Plaintiff entered into an agreement to pay KRW 15 million to the Plaintiff by December 20, 2017, and the remainder by December 31, 2017, including the rent and management expenses paid separately to the Plaintiff (hereinafter “the first performance letter of this case”). However, on the grounds of rent and management expenses, the Defendant paid the Plaintiff a total of KRW 15 million to the Plaintiff from July 2017 to October 18, 2017 to December 17, 2018.

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