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(영문) 인천지방법원 2018.01.26 2017가합53513
건물명도(인도)
Text

1. The Defendant’s payment of KRW 43,721,128 to the Plaintiff and each amount indicated in the column of “amount unpaid for rental management expenses” attached Table 2.

Reasons

Facts of recognition

Around April 2014, the Plaintiff agreed to acquire a lease and a debt shall be leased to the Defendant at KRW 50 million from May 1, 2014 to April 30, 2019, the lease deposit amount of KRW 50 million, monthly rent of KRW 3,605,690, monthly management fee of KRW 4,201,230, and the overdue interest calculated at the rate of 18% per annum if the Defendant delayed the monthly rent and monthly management fee.

(hereinafter “instant lease agreement.” On November 18, 2014, the Plaintiff and the Defendant agreed to reduce the leased object of the instant lease agreement into 79.17 square meters (hereinafter “instant building”) part (a) of the attached Form No. 1 through 46, and 1 among the above 20 floors, which successively connected each point of the said 79.17 square meters (hereinafter “instant building”). The term of lease was to be changed from November 18, 2014 to April 30, 2019. The relevant part of the amended lease agreement is as follows.

Article 5 (Lease Price) (1) A rental deposit shall be 50 million won in daily installments (Won 50,000,000), and where there occurs a difference between the rental deposit and the deposit already paid at the time of extension or alteration of the lease, the lessee shall pay or refund the amount equivalent to the difference according to the method determined by the lessor.

(2) Monthly rents shall be 2,000,000,000 won (including 2,659,140, and value-added tax) daily rents.

(3) The monthly management expenses shall be 2,000,000 won per day (including 2,561,240, value-added tax), and the additional management expenses incurred in using experimental apparatus and experimental equipment shall be paid separately according to the actual amount of use.

(4) Monthly rents and management expenses shall be paid in the deposit account of the lessor by the date of notification of the lessor as the repayment of the rent and management expenses.

Article 15 (Right of Lessee to Termination of Contract) (1) When a lessee has committed any of the following acts, the lessor shall notify the lessee thereof in writing:

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