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(영문) 창원지방법원진주지원 2014.11.13 2014가단5735
건물명도 등
Text

1. The Defendants shall deliver to the Plaintiff a 1st floor store of the building indicated in the attached list 281.25 square meters.

2. The Defendants are jointly and severally liable.

Reasons

1. Basic facts

A. On June 20, 2013, the Plaintiff, on June 20, 2013, leased the lease deposit of KRW 20,000,000, monthly rent of KRW 750,000, and the lease term from June 20, 2013 to June 20, 2015.

However, on December 31, 2013, the Plaintiff reserved the lease deposit by December 31, 2013, and instead, converted the deposit to monthly rent, and was additionally paid 200,000 won. The time of additional payment was determined after the commencement of business.

(hereinafter “instant lease agreement”). B.

From August 20, 2013, the Defendants commenced the business with the trade name “D” at the instant store.

At this time, the Plaintiff requested the establishment of a separate lease agreement by Defendant C to use the Small and Medium Business Administration’s support system for micro enterprises by registering its business under his/her own name, and prepared a written contract with the Plaintiff, lessee C, Defendant C, lease deposit amount of KRW 5,000,000, monthly rent of KRW 400,000, and the term of lease from August 20, 2013 to August 20, 2015 (hereinafter “contract for the registration of business”).

C. Under the instant lease agreement, the Defendants paid KRW 750,00 as monthly rent from June 20, 2013 to January 20, 2014 to the Plaintiff, and paid KRW 200,00,000, which was the monthly rent, to be additionally paid from August 20, 2013 to January 20, 2014.

However, the monthly rent (total of KRW 950,000 for each month) that was to be paid in monthly rent and in addition from February 2014 was not paid, and the electricity fee of KRW 527,930 from February 2 to April 4, 2014 was overdue.

The Plaintiff notified the termination of the lease agreement on March 27, 2014, on the ground that the Defendants did not pay the lease deposit and did not pay two or more rents.

【The Plaintiff and Defendant B: The Plaintiff and Defendant C: Each entry of the evidence Nos. 1 through 8 (including numbers in each documentary evidence) and the purport of the entire pleadings.

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