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(영문) 인천지방법원 2020.06.04 2020가단205812
건물인도
Text

1. The defendant

(a) deliver all of the Incheon Jung-gu C and the first floor;

B. 4,400,000 won and this shall be applied to 4,400,000 won.

Reasons

1. Facts of recognition;

A. On February 1, 2018, the Plaintiff leased all of the Jung-gu Seoul and the first floor to the Defendant as KRW 10,000,000, monthly deposit, KRW 1,100,000, and KRW 24 months from the expiration date of the lease term.

(hereinafter “instant lease agreement”). B.

The defendant paid only 12,00,000 won by January 6, 2020.

On January 16, 2020, the Plaintiff sent a written notice to the Defendant to the effect that the instant lease contract is rescinded by content-certified mail.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts finding, the lease contract of this case was cancelled by the defendant's declaration of intention to cancel the lease contract of this case on the grounds of unpaid rent and delay damages. Thus, the defendant delivers the object of the lease contract of this case to the plaintiff, and the amount of KRW 14,400,00 (=26,400,000,000,000,000) not paid until January 31, 2020) - The lease contract of this case is obligated to pay the amount of KRW 12,00,000,000 after deducting the deposit paid by the defendant from the 12,00,000,000,000,000 from the day following the day of delivery of a copy of the complaint of this case to the day of expiration 20,000,0000 per annum of this case to the day of expiration 15, 200,0000 per annum of unjust enrichment as stipulated in the Civil Act.

In addition, the Plaintiff sought payment of KRW 4 million with the cost of restoring the window installed by the Defendant on the instant leased object to its original state, but there is no evidence to acknowledge this part of the Plaintiff’s claim.

The plaintiff's assertion on this part is not accepted.

3. The plaintiff's claim for conclusion is reasonable within the scope of the above recognition, and the remaining claims are accepted.

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