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(영문) 서울남부지방법원 2019.12.06 2019가합266
손해배상(기)
Text

1. Defendant D’s KRW 237,941,00 for the Plaintiffs and 5% per annum from July 19, 2017 to March 27, 2019, respectively.

Reasons

1. Basic facts

A. On February 5, 2015, the Plaintiffs leased F Co., Ltd. (Defendant D, the representative director), among the lands listed in paragraphs (1) through (4) of the attached Table Nos. 1, 2, 3, 4, 5, 6, 7 and 5 of the attached Table Nos. 38,228 square meters and buildings listed in paragraph (5) of the attached Table (hereinafter referred to as “instant lease agreement”) among the following:

(1) Deposit: 210,000,000 won: Provided, That when concluding the instant lease contract, KRW 150,000,000 shall be paid, and 60,000 shall be paid additionally after six months have elapsed from the date of concluding the contract.

② Monthly rent of KRW 22,300,000 (excluding value-added tax, and payment after the 30th day of each month). After F Co., Ltd. paid KRW 60,000,000 for additional lease deposit after the lapse of six months from the date of conclusion of the instant lease agreement, the monthly rent shall be KRW 21,10,000.

(3) The term of lease shall be from March 30, 2015 to December 31, 2024.

(4) Where a lessee fails to pay rent for at least two consecutive periods, the lessor may terminate the relevant lease contract.

B. From May 1, 2015, F Co., Ltd. did not pay a rent to the Plaintiffs from May 1, 2015, and did not pay a deposit of KRW 60,000,000 to be additionally paid after six months from the date of conclusion of the instant lease agreement.

C. On September 30, 2015, the Plaintiffs sent to F Co., Ltd. a certificate of content that the instant lease agreement is terminated on the grounds of two or more occasions of delinquency in rent.

F Co., Ltd. was terminated on December 26, 2015 by the Plaintiffs on September 30, 2015.

If the F Co., Ltd. fails to conclude a lease agreement again by January 30, 2016, the F Co., Ltd. waives the full amount of the investment in the instant real estate and does not file a civil or criminal complaint (including profit-making expenses) with the Plaintiffs by January 30, 2016.

Since then, the plaintiffs.

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