(영문) 대전지방법원서산지원 2015.01.09 2013가단15281

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Reasons

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(영문) 대전지방법원서산지원 2015.01.09 2013가단15281

임금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 75,115,473 won and 5% per annum from November 19, 2013 to January 9, 2015.

Reasons

1. Facts of recognition;

A. On July 15, 2013, through an agent E, the Plaintiffs concluded a contract to lease the Defendants with the F, 17,729 square meters of land in Chungcheongnam-gun, Chungcheongnam-do and 1,248 square meters of land (hereinafter “instant pen”) (hereinafter “instant lease contract”).

The lease term was set at three years from July 15, 2013, and the rent was set at KRW 20 million per month by the last day of the preceding month (excluding value-added tax), and the rent was to be paid in advance by the last day of the preceding month (However, the rent for July 2013, including value-added tax, at the end of July 2013), and the rent was to be paid in addition to the interest of KRW 4 per month in arrears.

The contents of Article 15 of the instant lease agreement are as follows.

Article 15 (Measures upon Termination of Contract)

1. When this contract has been terminated due to the termination, cancellation, or expiration of the period, the Defendants shall suspend the operation and use of the leased object by the day following the date of termination or termination, and shall take out all the goods owned by the Defendants and third parties within the leased object.

2. The Defendants shall transfer to the Plaintiffs all the rights regarding the management, operation, and publicity of the object after the termination of the contract.

3. During the contract period, the Defendants’ investments in facilities in the amount of money invested in leased real estate are not absolutely demanded to the Plaintiffs, and the facilities constructed by the Defendants are transferred to the Plaintiffs as they are in original condition.

B. On July 15, 2013, the Defendants commenced business upon delivery of the instant penure.

C. The Defendants merely paid the Plaintiffs a total of KRW 21 million as rent, but delayed the payment of the remainder of the rent.

On October 25, 2013, the Plaintiffs notified the Defendants of the rescission of the instant lease agreement on the grounds of two or more teas through the content certification.

The Defendants delivered the instant pension to the Plaintiffs on November 25, 2013, and the Defendants operated the instant pension.

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