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(영문) 대전지방법원 2017.04.25 2016가단214862
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in the attached list, general restaurants of 182.7 square meters and 50.4 square meters, shall be respectively.

Reasons

1. Facts of recognition;

A. On May 15, 2015, the Plaintiff entered into a lease agreement between the Defendant and the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,000,000 (payment after May 30, 2015), and the lease term of KRW 30,000,00 from May 30, 2015 to May 30, 2017, and handed over the said real estate to the Defendant on May 30, 2015.

B. The Defendant did not pay KRW 5,00,000 among the lease deposit, and the original Defendant agreed to reduce the lease deposit to KRW 25,000,000,000, and to increase the monthly rent to KRW 1,050,000.

C. As the Defendant was in arrears with two or more vehicles, the Plaintiff notified the payment deadline on March 17, 2016 by setting the deadline for performance of the obligation to pay the rent as of April 30, 2016, and the Defendant did not perform the obligation to pay the rent until now.

From May 30, 2015 to June 30, 2016, unpaid rents amounting to 5,250,000 won [The accrued rents amounting to 13,650,000 won (1,050,000 won x 13 months x 13 months)] - The rent for payment is KRW 8,400,000], and the Defendant occupies and uses the instant real estate up to now.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease contract was lawfully terminated on April 30, 2016 by the Defendant’s failure to pay the rent, and the Defendant delivered the instant real estate to the Plaintiff. As the Plaintiff seeks, the amount of KRW 5,250,00 in arrears or unjust enrichment equivalent to the rent in arrears calculated as of June 30, 2016, and the amount of damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from April 6, 2017 to the date of full payment, and from July 1, 2016 to the date of completion of delivery of the instant real estate, the amount of damages for delay calculated at the rate of KRW 5,00 per annum from March 31, 2017, as the Plaintiff seeks.

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