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(영문) 수원지방법원 2016.06.09 2015가단117192
건물등철거
Text

1. The defendant shall be the plaintiff.

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

B. 10,560,000 won and from June 1, 2015, annexed hereto.

Reasons

1. Facts of recognition;

A. On April 1, 2008, the Plaintiff entered into a lease agreement with the Defendant, without a security deposit, to lease a building listed in the attached list (hereinafter “instant building”) with a rent of KRW 1.2 million per month (excluding surtax) and a lease agreement to lease a building for a period of ten years from January 1, 2008 (hereinafter “instant lease agreement”).

B. From around 2009, the Defendant began to delay the rent, and on February 23, 2012, the Plaintiff filed a lawsuit claiming the cancellation of the instant lease agreement and the non-payment of the building name and the arrears on the grounds of the delayed payment of rent for more than two years (U.S. District Court 2012Da78838), and on April 26, 2013, the conciliation was concluded as follows.

1. The Defendant shall pay the Plaintiff KRW 23,50,000,000 to the unpaid rent by April 30, 2013; among them, KRW 10,000 shall be paid up to September 30, 2013; and the remainder KRW 13,50,000 shall be paid up to December 31, 2013.

If the defendant fails to perform the above payment obligation, all of the benefit of time and the benefit of installment payment shall be lost, and all of the unpaid amount and damages for delay calculated by adding 20% per annum from the day following the date of the above payment to the date of actual payment.

2. The Plaintiff and the Defendant shall maintain the existing lease agreement entered into between the parties as it is, and the monthly rent shall be adjusted to KRW 800,000 (value-added tax shall be separately adjusted) from May 1, 2013.

However, if the defendant violates the obligations under paragraph (1) above, it shall be 1.2 million won (value-added tax shall be assessed separately) which is the rent for the existing month.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. In addition, the Defendant did not pay the rent reduced according to the adjustment from June 1, 2014, and the Plaintiff expressed in the instant complaint the Defendant’s intent to terminate the instant lease contract on the grounds of the delinquency in rent. The Defendant was served with a copy of the complaint issued on July 24, 2015.

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