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(영문) 수원지방법원 2016.06.28 2015가단52608
건물명도 및 임대료
Text

1. The Defendant’s KRW 3,445,772 as well as the Plaintiff’s annual rate from October 30, 2015 to June 28, 2016, and the following.

Reasons

1. Facts of recognition;

A. On March 1, 2015, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Kindo Co., Ltd. (hereinafter “Kindo Co., Ltd.”) to lease approximately KRW 660 square meters of a factory and approximately 50 square meters of an office (hereinafter referred to as “instant building”) for one year from March 1, 2015 to February 28, 2016 during the lease period of the lease, with the agreement to lease KRW 4,000,000, monthly rent of KRW 4,000,000 (hereinafter referred to as “instant lease agreement”).

B. On the same day, the Plaintiff entered into a sub-lease contract (hereinafter “sub-lease contract of this case”) that sub-leases the instant building to the Defendant, Inc., AS (hereinafter “SS”) and the Defendant.

According to the instant sub-lease contract, the period of sub-lease is from March 1, 2015 to February 28, 2016, and the rent is KRW 4,000,000 per month without any deposit for lease, but is paid in advance on the 1st day of each month and borne by A.S. and Defendant 1/2 each month.

(C) The part of the instant building stated in the purport of the claim is deemed to be used by the Defendant.

However, from July 2015 to July 31, 2015, the agreement on the termination of the instant lease agreement was concluded between the Plaintiff and the K, and there was an agreement on the termination of the instant lease agreement as of August 31, 2015, but thereafter, the dispute regarding the Belgium building, etc., which the Plaintiff was under custody in the instant building, was asserted that the instant lease agreement was terminated. The Plaintiff asserted that there was no final agreement on the termination of the instant lease agreement, and that there was a dispute regarding the termination of the instant lease agreement.

During this process, the Plaintiff did not pay rent for July 2015 and August 2015 to the case.

Cases shall be.

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