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(영문) 서울중앙지방법원 2016.04.01 2015가단24827
건물명도등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 12,804,367 as well as its annual interest from October 9, 2015 to April 1, 2016.

Reasons

1. Facts of recognition;

A. On March 6, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) between Defendant B Co., Ltd. (hereinafter “Defendant B”) with respect to the second floor 201 (hereinafter “instant office”) among the five-story buildings in Seocho-gu Seoul, Seocho-gu, Seoul, with a deposit deposit of KRW 15,00,000, monthly rent of KRW 1,400,000 ( separate value-added tax and payment of KRW 20,00, monthly rent of KRW 1,400, and the lease period of KRW 20,000 (hereinafter “instant contract”).

B. The Plaintiff transferred the instant office to Defendant B pursuant to the instant contract and received KRW 15,000,000 from Defendant B.

C. However, Defendant B did not pay the monthly rent under the instant contract at all.

On October 15, 2014, the Plaintiff sent to Defendant B a written notice demanding the payment of overdue rent, which would terminate the instant contract if the Plaintiff did not comply with the demand.

On the other hand, Defendant B’s representative director acquired the F, and transferred the location of the headquarters to the instant office on September 2, 2014 on the registry, changed the trade name on October 6, 2014 to C (hereinafter “Defendant C”), and was appointed as the representative director of the said company on the same day.

E. On November 19, 2014, the Plaintiff urged Defendant C to transfer Defendant C’s head office to the instant office without the Plaintiff’s consent, and expressed his intent to terminate the instant contract to Defendant B and notified Defendant B of his intention to immediately deliver the instant office on the ground that he still did not pay the tea despite the same peremptory notice as described in the foregoing sub-paragraph (c).

F. Even after the fact that Defendant C received the delivery right of medical devices, it is reasonable to pay the overdue rent to the Plaintiff, and thus, E subleases the instant office to Defendant C so that it can make business registration by designating the place of business as the place of business, or continuously requests the lessee of the instant contract to change the lessee to Defendant C, and deliver the above office.

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