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(영문) 수원지방법원 2017.12.07 2017가단6722
점포인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 15,050,160 and this shall be applicable thereto.

Reasons

1. Facts of recognition;

A. On June 12, 2013, the Plaintiff and the Defendant concluded a lease agreement to lease the instant real estate to the Defendant by setting the deposit amount of KRW 10 million, KRW 2 million monthly rent, and KRW 2 million from June 30, 2013 to June 30, 2015.

B. On April 24, 2015, before the termination of the above lease agreement, the Plaintiff and the Defendant renewed the instant lease agreement from June 30, 2015 to June 30, 2017, with a deposit of KRW 10 million, monthly rent of KRW 2.4 million, and the lease term of this case from June 30, 2015 to June 30, 2017

(hereinafter “instant lease agreement”). C.

After the conclusion of the instant lease agreement, the Plaintiff and the Defendant agreed to reduce the rent of KRW 2.8 million out of the rent increase of KRW 4.8 million for one year from July 2015 to June 2016 at the Defendant’s request, which led to the increased rent.

On June 29, 2015, the Defendant first paid KRW 2 million to the Plaintiff on June 29, 2015, and then paid KRW 2200,000 (including value-added tax) monthly from July 2015 to April 2016.

From May 1, 2016, the Defendant did not pay a vehicle under the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 4, 5, and 8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The fact that the Defendant did not pay the rent from May 1, 2016 is as seen earlier, and according to the overall purport of the statement and pleading No. 6, the Plaintiff, by content-certified mail, expressed to the Defendant on September 1, 2016 the intention to terminate the instant lease contract without any separate notice if the Plaintiff did not pay the rent in arrears within one week from the date of receipt of the said mail, and the content certification that contains the expression of intent to terminate the said lease was served on the Defendant on September 2, 2016.

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