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(영문) 서울중앙지방법원 2021.01.26 2019가단5005157
기타(금전)
Text

1. The defendant shall pay to each of the plaintiffs 20,405,660 won and 20% per annum from February 19, 2019 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners holding 1/2 shares of each of the 1/2 shares in the warehouse located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant warehouse”).

B. On February 10, 2017, the Plaintiffs: (a) leased the instant warehouse to the Defendant from February 16, 2017 to February 15, 2019; (b) the lease deposit of KRW 70,000,000; and (c) monthly rent of KRW 7,700,000 (including value added tax; and (b) agreed to collect damages for delay at a rate of 20% per annum at the time of delinquency in rent (hereinafter “instant lease agreement”).

On February 16, 2017, the Defendant paid KRW 70,000,000 to the Plaintiffs, and around that time, received and used the warehouse of this case.

The rent that the Defendant paid to the Plaintiffs after the conclusion of the instant lease agreement is KRW 42,800,000 as follows.

The amount paid as of the 7,700,000 on June 16, 2017, 201, 16. 7,700,00 on May 16, 2017; 7,700,000 on June 7, 2017; 4,00 on April 7, 2017; 7,700,000 on July 18, 2017; 5,00,000 on September 5, 200, 200 on September 2, 2017; 00,007; 00,007 on July 2, 2017; 12, 2009; 00,000,000,000,00 on December 12, 2017; 1,008,008;

D. The Defendant decided to leave the leased property prior to the expiration of the term of the lease contract, with the business depression, where the amount of the rent in arrears exceeds the lease deposit.

Accordingly, on June 27, 2018, the defendant entered into a deposit contract with E on August 1, 2018, with the contract term of 20,000,000 won from August 1, 2018 to July 31, 2019, and 4,400,000 won for monthly members (including value-added tax), and paid membership fees, and used a new warehouse.

E. On July 20, 2018, the Defendant removed from the warehouse of this case, and completed reinstatement, such as removal and waste disposal, by bringing KRW 1,600,000 from around that time to August 2, 2018.

【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, Eul evidence Nos. 1 through 5 (including Serials), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) The defendant agrees with the plaintiffs.

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