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(영문) 춘천지방법원 2016.08.25 2015가단6435
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 13,651,194 from the Plaintiff (Counterclaim Defendant).

Reasons

1. The following facts can be acknowledged in light of the following facts: Gap evidence 1, Gap evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 1, Eul evidence 16, Eul evidence 16, witness C, D, and E's testimony, and there is no counter-proof.

On May 19, 2008, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) concluded a lease agreement with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) to pay KRW 40,00,00,00 for lease deposit, monthly rent of KRW 2,00,00, and June 30, 201 for one year from July 1, 201 to July 1, 201, the monthly rent of KRW 2,200,000,00 for real estate listed in the attached list (hereinafter “instant real estate”) and its affiliated vehicle maintenance facilities, automobile inspection facilities, and machinery (hereinafter “instant maintenance facility”).

B. From July 1, 2010 to June 30, 201, the Defendant paid only KRW 2,400,000 per month among the monthly rent of KRW 2,200,000 under the instant lease agreement, and unpaid KRW 2,40,000. From July 1, 2011 to January 31, 2015, the Defendant paid only KRW 2,500,000 per month among the monthly rent of KRW 2,50,000 (50,000,000 X 43 months) and unpaid KRW 30,000,000 by paying only the monthly rent of KRW 1,50,000 (0,000,000 to July 31, 2015). From February 1, 2015 to KRW 30,000,000,000,000 per month.

C. On July 2015, the Defendant demanded the Plaintiff to return the lease deposit of the instant lease agreement, and refund of the repair cost and replacement cost of the instant real estate. On August 19, 2015, the Plaintiff sent the instant lease agreement to the Defendant on the grounds that the instant lease was terminated due to the payment of rent, and the said content-certified mail reached the Defendant around that time.

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