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(영문) 수원지방법원 2020.11.19 2020가단12253
손해배상 명도
Text

The defendant against the plaintiff (appointed party) and the appointed party C:

(a) the delivery of a building E of the Gu and America;

(b) KRW 5,600,471 and

Reasons

1. Facts of recognition;

A. On December 3, 2018, the Plaintiff (Appointed Party) and the Appointed Party C entered into a lease agreement with the Defendant on the condition that the Plaintiff (Appointed Party) and the Appointed shall lease the Gu-Si Building E (hereinafter “instant lease agreement”) owned by them (hereinafter “instant lease agreement”) KRW 2,00,000 (i.e., KRW 1,00,000 at the time of the contract, and the remainder of KRW 1,00,000 shall be paid at the time of the contract, and the remainder of KRW 1,00,000 shall be paid on January 3, 2019), monthly rent of KRW 340,00 (paid as ten (10) and the lease period from December 10, 2018 to December 9, 2019 (hereinafter “instant lease agreement”).

B. On December 3, 2018, pursuant to the instant lease agreement, the Defendant began to occupy and use the leased building under delivery by paying KRW 1,000,000 out of the lease deposit to the Plaintiff (Appointed Party) and the Selected C.

C. However, on January 3, 2019, the Defendant did not pay KRW 1,000,000 in the remainder of the lease deposit under the instant lease agreement to the Plaintiff (Appointed Party) and the Appointed C, and did not pay the monthly rent that should be paid on December 10, 2018 and January 10, 2019.

The Plaintiff (Appointed Party) and the Appointed C urged the Defendant to pay the remainder of the lease deposit amount of KRW 1,00,000 and the unpaid monthly rent, but the Defendant failed to comply therewith. Accordingly, the Plaintiff (Appointed Party) and the Appointed expressed their intent to terminate the instant lease contract on the ground of the Defendant’s nonperformance of obligation through text messages on January 26, 2019 (hereinafter “instant refusal expression”). The business expression reached the Defendant.

The Defendant occupied and used the leased building of this case while neglecting living goods, such as Myeongdogdog, kitchen, Metegygy, and Megye, on the leased building as of the date of closing the argument of this case.

E. Meanwhile, the Defendant occupied and used the leased building of this case.

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