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(영문) 수원지방법원 2014.10.30 2013가단104567
점포명도등
Text

1. The Defendant’s KRW 5.3 million to the Plaintiff and the Plaintiff’s 5% per annum from January 23, 2014 to October 30, 2014.

Reasons

1. Basic facts

A. On June 7, 2010, the Defendant completed business registration regarding the clothing retail trade under the trade name “C”.

B. On August 24, 2012, the Plaintiff concluded a lease agreement with the Defendant and the Plaintiff (hereinafter “the first lease agreement”) stating that deposit amounting to KRW 30 million, monthly renting KRW 2.5 million, and the term of lease from September 13, 2012 to September 12, 2013, with respect to the building of KRW 103,00,000,000,000,000,000,000,000,000 won (hereinafter “instant commercial building”).

C. The defendant et al. with the mother-friendly E

On January 7, 2013, the above lease contract was terminated by an agreement with the Plaintiff, because it was impossible to pay monthly rent due to business depression while operating a clothing store in the store under the trade name of “C”.

Since then, the Defendant knew that the first floor of the instant commercial building owned by the Plaintiff became a public room (hereinafter “instant store”), and demanded the Plaintiff to lease the instant commercial building to the Plaintiff. On March 25, 2013, the Plaintiff concluded a lease contract with the Defendant for the instant store, and then the Plaintiff concluded a lease contract with the Defendant for the instant store and without a deposit, but the rent shall be KRW 100,000 per day, and if the Defendant pre-paid the vehicle for one month or one week, the lease contract shall continue to exist for a period equivalent to the amount of the rent paid, and if the pre-paid vehicle is all the pre-paid vehicle, the lease contract shall be terminated without a separate notice (hereinafter “exclusive lease terms”).

(hereinafter “instant lease agreement”). E.

As at the time of the first lease contract, the defendant operated the clothing store with the defendant's mother E in the name of "C" at the store of this case.

F. The Defendant paid the rent to the Plaintiff by October 30, 2013, but did not pay the rent thereafter.

G. Even after October 30, 2013, the Defendant continued to operate the instant store as in the previous store even after the fact that all of the prepaid car was sub-paid. However, the Plaintiff continued to operate the instant building as in November 23, 2013.

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