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(영문) 광주지방법원순천지원 2020.09.10 2020가합10405
부당이득금
Text

1. The defendant shall make the plaintiff (appointed party) and the selected party in the plaintiff's column for the amount claimed by each subparagraph of the attached Table.

Reasons

1. Facts of recognition;

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter “Plaintiffs, including the Plaintiff and the designated parties”) are the owners of each guest room listed in the column of the claim amount by each unit of the attached Table corresponding to the Plaintiffs among the buildings indicated on the attached real estate (hereinafter “instant hotel”), and the Defendant concluded each lease consignment management contract with the Plaintiffs until October 2018 (hereinafter “each of the instant contracts”).

B. The main contents of each of the instant contracts are as follows.

The purpose of each contract of this case is to rent and profit from real estate owned by the plaintiffs (referring to each guest room of the hotel of this case owned by the plaintiffs; hereinafter the same shall apply), and the defendant to acquire rent by operating the target real estate as a hotel.

(Article 1) The defendant is obligated to pay to the plaintiffs the monthly rent (the annual rent shall be the amount calculated by counting 7% per annum of the amount excluding the value added tax from the initial sale price) from the following day after the date on which three months have elapsed since the commencement of the business.

(Article 4 and 5). Where the Defendant has overduely paid rents to the Plaintiffs for more than 60 days, the Plaintiffs may terminate or cancel the contract after giving a reasonable time limit and giving a reasonable notice for the performance thereof.

However, if there is a defendant's justifiable reason, this exception shall not apply.

(Article 11). Upon the termination of this Agreement, the defendant shall, under his responsibility, express to the plaintiffs the above target real estate.

(Article XIV(1)(c).

From October 2018, the Defendant began to operate the hotel of this case, and around December 2019, the Defendant delayed to pay the rent as stated in the unpaid rent column for each unit of the attached Form.

Accordingly, on December 17, 2019, C among the plaintiffs, notified the defendant to implement each of the contracts in this case, and did not complete the payment of the unpaid rent by December 27, 2019.

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