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(영문) 서울동부지방법원 2017.08.30 2017가단2114
건물명도(인도) 등
Text

1. The plaintiff

A. The Defendants deliver the buildings listed in the separate sheet;

B. The Defendants jointly do so 141,692.

Reasons

(a) Default on a lease contract, rent, etc.;

A. On February 13, 2016, the Plaintiff leased the building indicated in the separate sheet to Defendant C&M (hereinafter “Defendant Company”).

The terms and conditions of lease are as follows:

* During the period of February 15, 2016 - February 14, 2018 - deposit of KRW 30 million, monthly rent of KRW 3 million, and value-added tax separate (four months after occupancy) * Payment of late 17% overdue charge per annum when overdue rent or management fee is overdue.

B. From June 16, 2016 to June 30, 2017, 12.5 months from June 16, 2016 to June 30, 2017 (300,000 value-added tax) = 41,250,00 won = total of 3,046,021 won per annum 17% per annum as of June 30, 2017 and the total of 1,248,750 won for electricity charges from June 3, 2016 to June 2017.

C. Defendant A’s possession of the above building actually occupied and used it. D.

On November 21, 2016, the Defendant Company terminated the above lease contract by failing to pay rent, etc. as above.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 13 (including provisional number), the purport of the whole pleadings

2. Determination

A. The Defendant Company, as a lessee, is obligated to deliver the said building to the Plaintiff, the owner, as the occupant, following the termination of the lease.

B. (1) As seen earlier, the amount of money for which the Defendants did not pay is the aggregate of KRW 41,250,00 and KRW 3,046,021 as of June 30, 2017, and KRW 1,248,750, management fees of KRW 10,113,662, and KRW 534,070, and KRW 56,192,500,030 as of June 30, 2017. (2) Some of the payments are paid, as of KRW 50,500,000 on February 23, 2017, KRW 400,00 on March 7, 2017, KRW 2 million on June 16, 2017, KRW 100,000,000 on June 14, 2017, KRW 1550,005.

b) [based on recognition] unsatisfy, and if the time for the full fulfillment of the obligation which the plaintiff himself recognized has arrived, the advantage to the obligor shall be appropriated for the performance of the obligation with a large number of obligations.

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