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(영문) 대구지방법원 2017.09.27 2017가단8668
건물인도등
Text

1. The Defendant shall pay to the Plaintiff KRW 7,964,00 and the interest rate of KRW 15% per annum from April 12, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Plaintiff’s mother share the buildings listed in the separate sheet (hereinafter “instant building”).

C delegated the Plaintiff the management authority, such as entering into the instant building lease agreement and the receipt of rent.

B. On January 22, 2014, the Plaintiff entered into a contract for the lease of the instant building up to KRW 30 million, KRW 1.2 million, KRW 1.2 million for monthly rent, KRW 200,000 (excluding the value-added tax, 10 days for each payment day), and March 9, 2016.

Afterwards, the above lease contract was increased by KRW 1.3 million in monthly rent and KRW 220,000 in management expenses, and was extended until March 9, 2017.

C. On October 21, 2016, the LAD Co., Ltd.: (a) was established on October 21, 2016 with the trade name “MAC” and changed to the current trade name; and (b) sublet the instant building to the MAC Co., Ltd., the location of its head office, and some executive officers were the same; and (c) the Plaintiff consented thereto.

After that, on December 14, 2016, the Plaintiff newly concluded a lease agreement with the former Defendant, the lessee, with the same lease agreement, deposit, monthly rent, and the same period as that of the above lease agreement, and with the monthly management fee of KRW 2.50,000 (the security deposit shall be deemed to be substituted by the amount paid by the M.N.com), and as a special agreement, the unpaid monthly rent of the M.D. M.D. (the monthly rent of January, 8, 2015) was deducted from the security deposit.

E. The Defendant did not pay the Plaintiff the monthly rent since 2017, and the Defendant’s unpaid monthly rent and management expenses accumulated at the time of January 10, 2017 are KRW 7,964,00.

The Plaintiff terminated the lease contract with the Defendant on the grounds of this.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the fact of the above recognition, the Defendant shall pay to the Plaintiff the overdue rent and management fee of KRW 7,964,00 and the following day following the delivery of a complaint for the overdue rent and management fee until January 10, 2017.

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