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(영문) 서울북부지방법원 2013.01.31 2012가합352
건물명도 등
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1. On January 20, 2012, Defendant Quaker Co., Ltd.: KRW 112,832,257 and KRW 52,532,257 among them, to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1-1-4 and the whole purport of pleadings:

On July 14, 2010, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant Quaker Co., Ltd. (former trade name: Mastop fishing Co., Ltd.; hereinafter the Defendant Co., Ltd.) on the lease term from July 1, 2010 to June 30, 2012, the lease deposit amount of KRW 110,000,000, monthly rent of KRW 10,400,000 (the last day of each month, as of the end of each month), management expenses, 2,060,000 (excluding electricity, water supply, etc.) for the lease term of KRW 2,00,00 (hereinafter the instant lease agreement) for the land floor, second floor, third floor, and fourth floor (hereinafter the instant real property) owned by the Plaintiffs.

The main contents of the instant lease agreement pertaining to the instant case are as follows.

Article 6 If the lessee fails to pay monthly rent at least twice, the lessor may terminate the lease contract.

Article 7. If the lessor or lessee has failed to perform the terms of this Agreement, the other party may notify in writing the person who has failed to perform the contract and rescind the contract.

[Matters of Special Agreement]

1. Monthly management expenses shall be KRW 2,060,00, including value added tax, and monthly rent shall be value added tax;

B. At the time of the conclusion of the instant lease agreement, the Plaintiff issued a sub-lease consent to the Defendant Company, and the Defendant Company sub-leased part of the instant real estate to Defendant C, D, E, E, F, G, H, I, J, J, K, L, M, N,O, P, and Q (hereinafter the remaining Defendants).

(hereinafter referred to as each sub-lease contract of this case)

As the Defendant Company did not pay rent, etc. on June 6, 2011, the Plaintiff urged the Defendant Company to pay late payment by content-certified mail, and the Defendant Company requested the Plaintiff to pay late payment by August 16, 201. Accordingly, the Defendant Company KRW 15,00,000 on August 26, 201, and the same year.

9.9.10,000,000 won, around November 19, 19910,000 won.

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