logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.16 2017가단5182753
건물명도 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall indicate 1, 2, 3, 4, 5, and 5 of the attached Form among the buildings listed in the real estate list.

Reasons

1. Lease contract, etc.;

A. On December 1, 2016, the Plaintiff leased to Defendant B Co., Ltd. (hereinafter “Defendant B”) a deposit deposit of KRW 166 square meters in a ship (hereinafter “instant store”) which connects each of the items in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 among the buildings listed in the attached Form’s real estate list to the Defendant B (hereinafter “Defendant B”) by setting the lease deposit of KRW 30,000,000, the rent of KRW 2,750,000 per month, the last day of each month of the rent of KRW 850,00 per month, management expenses (excluding value-added tax, electricity, water supply fees, etc.), and the lease period from December 12, 2016 to December 11, 2017.

(hereinafter “instant lease agreement”). On the other hand, on December 26, 2016, Defendant C, the representative director of Defendant B, entered into a joint and several guarantee agreement with Defendant B, which stipulates that when Defendant B fails to pay rent, management fee, etc. under the instant lease agreement for at least three months, Defendant C, who is the representative director of Defendant B, shall jointly and severally perform the obligation with Defendant B.

B. From May 2017 to July 2017, Defendant Company did not pay KRW 12,631,840 in total for rent and management expenses (including both value-added tax, electricity, heating, and water supply; hereinafter the same shall apply).

On August 2, 2017, the Plaintiff urged the Defendants to pay the rent and management expenses in arrears. On August 17, 2017, the Plaintiff sent a notice to the Defendants on August 17, 2017, stating that the instant lease agreement is terminated, and the said notice reached the Defendants following the said notice.

C. Meanwhile, after receiving the above notification, the Defendant Company paid the Plaintiff rent and management expenses for May and June 2017, and continued to possess and use the instant store.

The rent and management expenses for the store in this case are KRW 4,269,50 on July 2017, KRW 4,239,040 on August 2017, and KRW 25,380,890 on September 2017.

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to 8, 10 to 12, and the purport of the whole pleadings

2. On the other hand, the instant lease contract is leased by Defendant B.

arrow