(영문) 서울남부지방법원 2016.09.09 2016가단200778

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(영문) 서울남부지방법원 2016.09.09 2016가단200778

건물명도

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Our arguments and judgment

A. (1) On March 25, 2015, the Plaintiff Company: (a) concluded a lease agreement with the Defendant and the Plaintiff Company by setting the lease deposit of KRW 5 million; (b) KRW 1.2 million per month; and (c) the period from March 25, 2015 to March 24, 2017.

However, the defendant paid only two million won of the lease deposit, and did not pay the remainder of the lease deposit and the rent.

Accordingly, the Plaintiff Company terminated the above lease agreement on July 15, 2015.

Therefore, the Defendant is obligated to deliver the leased portion of the Plaintiff Company to the Plaintiff Company, and pay 7.6 million won remaining after deducting two million won of the lease deposit paid by the Defendant from the total amount of 9.6 million won from May 1, 2015 to December 31, 2015, and pay the amount of money calculated by the ratio of 1.2 million won per month from January 1, 2016 to the delivery date of the leased portion of the Plaintiff Company.

(2) On March 25, 2015, Plaintiff B asserted that Plaintiff B concluded a lease agreement with the Defendant and Plaintiff B by setting the deposit amount of KRW 10 million, KRW 500,000 per month of rent, and the period from March 25, 2015 to March 24, 2017.

However, the defendant paid only three million won of the deposit, and did not pay the remainder of the lease deposit and the rent.

Accordingly, the plaintiff B terminates the above lease contract by serving a duplicate of the complaint of this case.

Therefore, the Defendant is obligated to deliver Plaintiff B’s leased portion to Plaintiff B, and pay the remainder of one million won after deducting three million won of the lease deposit paid by the Defendant from the aggregate of four million won from May 1, 2015 to December 31, 2015, and pay interest calculated by the rate of 500,000 won per month from January 1, 2016 to the completion date of delivery of Plaintiff B’s leased portion.

(3) The defendant cannot comply with the plaintiffs' claims for the following reasons.

유사 판례

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