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(영문) 대전지방법원 2014.12.19 2014가단18534
점포인도 등
Text

1. The Defendants deliver to the Plaintiffs the stores listed in the separate sheet.

2. Defendant C shall each be KRW 950,000,000 to the Plaintiffs.

Reasons

1. Determination as to the claim against Defendant C

A. Fact 1) On September 8, 2012, the Plaintiffs are the stores listed in the separate sheet (hereinafter “instant stores”) between Defendant C and Defendant C.

) Lease deposit amount of KRW 50,000,000, monthly rent of KRW 2,300,000 (after the tenth of each month), and lease agreement between September 10, 2012 and November 10, 2014 (hereinafter “instant lease agreement”).

A) The instant lease agreement was concluded. The lessor may terminate the lease agreement if the lessee fails to pay the rent more than twice, and the lessee shall restore the store to its original state and return it to the lessor if the lease agreement is terminated. 2) The Plaintiffs delivered the instant store to the Defendant C around September 10, 2012.

3) Although Defendant C should have paid a sum of KRW 43,700,000 (=2,300,000 x 19 times) from October 10, 2012 to April 10, 2014, Defendant C should have paid a sum of KRW 43,70,000 in total (2,30,000 x 19 times) on April 22, 2012; KRW 2,300,000; KRW 2,300,000 on December 26, 2012; KRW 1,000,000,000 on January 30, 2013; and KRW 2,300,000 on December 30, 2013; Defendant C’s declaration of default was delivered to Defendant C on at least two occasions on December 24, 2013.

5) Even after May 13, 2014, Defendant C operated a singing room at the instant store. [Grounds for recognition] Evidence Nos. 1 through 3 (where any number is available, including each number; hereinafter the same shall apply)

each entry, a substantial fact in this court, the purport of the whole pleading

B. According to the above facts of recognition as to the claim for extradition, since the instant lease agreement was lawfully terminated on May 12, 2014, Defendant C is obligated to deliver the instant store to the Plaintiffs.

C. Determination as to the unpaid rent and claim for unjust enrichment equivalent to the unpaid rent shall be made from October 1, 2012 to November 10, 2014.

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