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(영문) 서울서부지방법원 2015.02.11 2013가단9409
건물명도등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 2,392,30 to the Defendant (Counterclaim Plaintiff) and its related amount from December 18, 2013 to February 11, 2015.

Reasons

1. Basic facts

A. On April 18, 201, the Plaintiff leased the second floor of the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant as of April 18, 201, with the lease deposit of KRW 20,000,000, monthly rent of KRW 930,000 (including KRW 30,000 on April 20, 201), and the lease period of KRW 20,000 on April 20, 201 to April 19, 2013.

(hereinafter “instant lease agreement”). B.

After paying the lease deposit to the Plaintiff, the Defendant resided with the delivery of the above real estate, and paid the monthly rent from April 201 to April 2012.

C. On February 19, 2013, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the lease was delayed.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, 2-2, Gap evidence 3-1-8, Gap evidence 4-5, and the purport of the whole pleadings

2. Determination on the main claim

A. From May 20, 2012, the Defendant did not pay rent from May 20, 2012, and the Plaintiff notified the termination of the instant lease agreement due to the Defendant’s delinquency in rent on or around February 19, 2013. Therefore, barring any special circumstance, the instant lease agreement was lawfully terminated and terminated at the time of the notification.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff monthly rent of KRW 8,370,00 ( KRW 930,000 x 9 months) from May 20, 2012 to February 19, 2013, barring special circumstances.

In regard to this, the Defendant asserted that the instant real estate could not be used and profit-making due to leakage, etc., and that the instant lease contract was terminated by notifying the Defendant of termination on December 16, 2012, and that the Defendant was a director on December 16, 2012, and that it cannot be recognized as the obligation to pay rent from December 17, 2012. Thus, the instant real estate cannot be used and profit-making only by the evidence submitted by the Defendant.

It is recognized that the instant lease agreement was terminated by the Defendant’s notice of termination around December 16, 2012.

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