(영문) 전주지방법원군산지원 2017.12.05 2017가단303

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(영문) 전주지방법원군산지원 2017.12.05 2017가단303

건물인도 등

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the separate sheet, and KRW 1,200,000 and September 1, 2017.

Reasons

1. Basic facts

A. The Plaintiff: (a) the instant building purchased from C, 50,000,000,000, monthly rent of KRW 3,200,000 (payment as at the end of each month); and (b) the duration from March 1, 2016 to March 1, 2016.

5. By the end of 31.(3) month, a contract to lease the above building to the Defendant for the purpose of accommodation (hereinafter “instant lease contract”) was concluded, and the above building was delivered to the Defendant on the same day, and the Defendant received all the above deposit from the Defendant by the 14th of the same month.

Accordingly, while the defendant was engaged in the lodging business in the name of the plaintiff in the above building, he continued to use the above lease contract for the same purpose by extending the period to consultation with the plaintiff (the main contents of the above contract are as follows). - If the overdue interest of the lessee under Article 4 (Termination of the Contract) falls short of two years, the lessor may terminate the contract immediately.

Article 5 (Termination of Contracts) If a lease contract is terminated, the lessee shall restore the building of this case to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

[Matters stipulated in the special agreement] (1) The term of lease shall be from March 1, 2016 to May 30, 2016, and thereafter the duration shall be agreed upon.

(2) The portion of tax-related to "Durel" shall be borne by a lessee.

(4) A card sales passbook and a card shall be managed by the lessee (including inputs). (b)

The Defendant used the instant building for the purpose of accommodation business, and used the common deposit account (F) at the E-Union mother branch in the name of the Plaintiff as stipulated in the instant lease agreement.

However, the Plaintiff settled 704,000 won (8 minutes from May 10, 2016 to March 2, 2017) out of the Defendant’s money in the said account as the Plaintiff’s fee for bookkeeping for the Plaintiff’s tax accountant.

(c).

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