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(영문) 서울남부지방법원 2018.08.23 2015가합112093
건물명도 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,94,512,537 and KRW 1,682,673,679, respectively, from October 16, 2015.

Reasons

1. Basic facts

A. The Plaintiff and C’s trade name in the past was C C’s MPS consignment management real estate investment company, and was changed to the trade name as of April 17, 2014. On February 3, 2014, the building listed in C and attached Table 1 (hereinafter “instant building”).

() The lease term for part of 674.25 square meters (the front part of the attached Form 2 drawing (A), 6, 7, and 8 shall be from September 1, 2014 to August 31, 2024, deposit money of 887, 710, 77, and monthly rent of 106,525,293 (including additional taxes; hereinafter the same shall apply).

3,202,268 won of monthly management expenses (hereinafter “instant first lease contract”)

(2) On October 1, 2014, the Plaintiff entered into a lease agreement with C on part of 1,093.94 square meters (the rear part of the attached Form 2 drawings (the basis of the suspender in the part)) of the 1st floor of the instant building with C (hereinafter “instant lease agreement”) with the Plaintiff, with the term of lease from September 20, 2014 to August 31, 2024, the deposit amount of KRW 15,532,400, monthly rent of KRW 18,200,60 (including additional taxes; hereinafter the same shall apply), monthly management fee of KRW 5,460,180 (hereinafter “instant lease agreement”).

The main contents of the instant 1 and 2 lease agreement are as follows.

[Attachment 1, 2] Payment of rent and management fee under Article 7 (2) where a lessee fails to pay monthly rent, management fee and value-added tax, the lessee should pay overdue interest at the rate of 18% per annum for the overdue period along with the overdue amount and value-added tax.

§ 13. (4) The lessee shall not demand the lessor to reimburse the expenses incurred in the repair or remodeling of, or the addition or alteration to, the facilities within the leased object, including necessary expenses, beneficial expenses, and any other expenses incurred by the lessor in repairing or altering the facilities.

Section 21.(2) For a period of two months after the lessee has been urged to violate the provisions of this Agreement and to correct them by the lessor.

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