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(영문) 청주지방법원충주지원 2016.06.01 2014가단22317
토지인도 등
Text

1. The Defendants jointly and severally pay to Plaintiff A KRW 45,603,870 and the aforementioned amount to Plaintiff A from March 31, 2016.

Reasons

1. Basic facts

A. On August 12, 2010, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) entered into a lease agreement with the Defendants, who wish to operate a restaurant (hereinafter “instant building”) setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 4,620,000, and the lease period of KRW 4,620,00, and from August 12, 2010 to August 11, 2013 (hereinafter “instant first lease agreement”).

B. On August 12, 2010, Plaintiff B entered into a lease agreement with Defendant D with a term fixed from August 12, 2010 to August 11, 201 (hereinafter “instant lease agreement”) for rent of KRW 2,000,000 per annum (in advance payment on the date of preparation of the contract, and to be paid in one year thereafter), and from August 12, 2010 to August 11, 2013 (hereinafter “instant lease agreement”).

C. The Defendants filed a lawsuit against the Plaintiff Company seeking return of the lease deposit and compensation for damages on the premise that the instant lease contract was terminated as Cheongju District Court 2012Kahap884.

Accordingly, the Plaintiff filed a counterclaim against the Defendants, claiming the payment of the overdue rent by the same court 2012Gahap1214.

On November 22, 2012, the aforementioned court dismissed the Defendants’ claims for the principal lawsuit, and rendered a judgment to the effect that “the Defendants jointly and severally pay to the Plaintiff Company 56,260,000 won and damages for delay thereof, and to the Plaintiff Company 4,620,000 won per month from July 1, 2012 to July 30, 2013” (hereinafter “the first instance judgment”).

As to this, the Defendants filed an appeal in Daejeon High Court (Cheongju), No. 2013Na97, 2013Na103 (Counterclaim), but the judgment dismissing an appeal was rendered on July 9, 2013 (hereinafter “instant appellate judgment”), and the said judgment became final and conclusive.

On the other hand, Defendant D’s rent of 1 year to Plaintiff B at the time of the conclusion of the instant second lease contract.

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