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(영문) 전주지방법원정읍지원 2017.09.19 2016가단11279
건물명도
Text

1. The Defendant Cable Plus Co., Ltd. shall pay to the Plaintiff KRW 6,731,380 and the Plaintiff shall pay the full amount with regard thereto from February 24, 2017.

Reasons

1. Facts of recognition;

A. On October 22, 2014, the Plaintiff leased (i) KRW 1,00,000, monthly rent of KRW 350,000, monthly rent of KRW 350,000, and period of October 22, 2016, to the cable displayer Co., Ltd. (hereinafter “Defendant Company”) as fixed and leased C multi-family house 204, 201 (hereinafter “instant 201”) and 206, Dong 204 (hereinafter “instant 206”).

B. Around January 16, 2015, the Plaintiff, Defendant Company, and Defendant B agreed to change the lessee of the instant case No. 206 to Defendant B.

C. On February 4, 2016, the Plaintiff, upon the instant written request for the instant payment order, sent to the Defendant Company the “Declaration of Intention to terminate the contract due to overdue delay,” and on February 17, 2016, the original copy of the instant payment order was served on the Defendant Company.

The Plaintiff was delivered from Defendant B around December 22, 2016 the instant No. 206 and around January 20, 2017, respectively.

E. From March 2015, Defendant Company did not pay 31,380 won to the Plaintiff the rent set forth in the instant subparagraph 201 and the electricity fee set forth in the instant subparagraph 201.

[Reasons for Recognition] Each entry of Gap evidence 1 through 5 (including each number), and the purport of the whole pleadings

2. As to subparagraph 201 of this case, barring any special circumstance, barring any special circumstance, the lease relationship between the Plaintiff and the Defendant Company was terminated on February 17, 2016 due to the late payment delay by the Defendant Company. Therefore, the Defendant Company is obligated to pay the Plaintiff the amount of KRW 6,731,380 calculated by subtracting the deposit amount of KRW 1,00,000 from the deposit for lease from March 2015 to January 20, 2017 and the amount of KRW 7,700 (350,000 x 22 months) equivalent to the unpaid rent or the unjust enrichment equivalent to the rent from around March 2015 to around January 20, 2017 and the amount of KRW 31,380.

As to this, the Defendant Company notified the Plaintiff of the termination of the instant lease agreement with respect to subparagraph 201 and delivered the instant subparagraph 201 on April 2015 and October 2015, the Defendant Company did not have any obligation to pay the rent thereafter.

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