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(영문) 수원지방법원평택지원 2019.06.13 2018가단60661
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the buildings listed in the separate sheet;

(b) 20,000 won; and

Reasons

1. Basic facts

A. On March 21, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff to lease the instant commercial building by setting the deposit amount of KRW 10,000,000, monthly rent of KRW 800,000, and the lease agreement between April 15, 2017 and April 14, 2018 (hereinafter “instant lease agreement”).

B. Under the above lease agreement, the Plaintiff received KRW 1,00,000,000 from the Defendant on the date of the contract, and the remainder KRW 9,00,000 on April 15, 2017, respectively.

C. The Plaintiff and the Defendant agreed to reduce the rent to KRW 700,000 from October 2017.

The Defendant did not pay the Plaintiff the rent for December 2017, and paid KRW 700,000 on January 15, 2018.

E. As the Defendant was in arrears regarding the portion of January 1, 2018, the portion of 2.0, and the portion of 3.3.0, the Plaintiff sent to the Defendant a certificate of contents under which the said lease was terminated on the grounds of the delinquency in payment of more than three times on May 4, 2018, and then served the Defendant with the above content certification.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 6 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The instant lease contract was terminated by being served on the Defendant with proof of the content of the declaration of intent to terminate the instant lease contract on the grounds of the delinquency in rent for at least three Plaintiffs.

Meanwhile, from October 2017, 201, 700 won was reduced to 700,000 won, but if 2 or more years were in arrears, 800,000 won was paid as stipulated in the instant lease agreement.

Therefore, the defendant is obligated to deliver the commercial building of this case to the plaintiff and pay 12,450,000 won in arrears from the 12,450,000 won in arrears until the date of the closing of the argument of this case, deducting the deposit of 10,000 won in arrears, and delay damages of 2,450,000 won in arrears, and the amount equivalent to the rent calculated at the rate of 80,000 won in arrears from the day following the day of the closing of the argument of this case

(b).

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