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(영문) 서울동부지방법원 2019.01.23 2018가합103356
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay KRW 866,507,514 as well as the amount from January 24, 2018 to April 20, 2018.

Reasons

1. Facts of recognition;

A. On September 20, 2016, the Plaintiff entered into a lease contract with Defendant C Co., Ltd. (hereinafter “Defendant C”, and with respect to the buildings listed in the separate sheet (hereinafter “instant building”) owned by the Plaintiff (hereinafter “instant building”), 300,000,000, monthly rent of KRW 38,000,000, and 10 years from the commencement date of the lease term business (hereinafter “instant lease contract”).

The instant lease agreement included the following contents:

Article 7 Rent (1) Monthly rent shall be KRW 38,00,000.

(VAT Map). (2) The monthly rent under the preceding paragraph shall be paid in cash by the 10th day of each month (hereinafter referred to as "payment day") in the following bank account:

(4) In case where Eul (Defendant C) fails to pay rent in the payment date, the overdue interest rate of 18% per annum from the following day of the payment date to the actual payment date shall apply.

Article 8 (1) Where Eul fails to pay management expenses in the due date, it shall be excluded from the deposit including overdue interests.

Article 12. Cancellation and termination of a contract. (2) In the event of the occurrence of any of the following subparagraphs, A [Plaintiff] shall notify B of his/her intention to terminate the contract, notify B of his/her intention to implement or correct it within a fixed period of 14 days, and if B fails to implement it within 14 days, B’s lease with B shall be rescinded or terminated.

A security deposit paid by B under this lease shall be paid within one month from the date on which B restores the object of the lease to its original state and orders.

7. In the event that he/she fails to pay the rent or management fee prescribed in this subparagraph for the period of three-year rents, such as damages under Article 14 (1) where this lease contract is terminated pursuant to Article 12 (2), Eul shall pay the amount equivalent to 20% of the total amount of the rental deposit as damages.

A is entitled to refund the lease deposit to B.

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