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(영문) 수원지방법원 2015.02.13 2014나27231
점포명도 및 퇴거청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 31, 2010, the Plaintiff leased the instant store to the Defendant as of March 31, 2010 by setting the deposit amount of KRW 30 million, monthly rent of KRW 500,000, and the period of March 31, 2015.

(hereinafter referred to as “instant lease contract”: Provided, That the Defendant entered the name of the lessee in C in the said lease contract, as it is anticipated that it would interfere with obtaining a business license as a bad credit holder, and thereafter, he operated an entertainment tavern in the instant store from around that time.

B. On April 22, 2011, the Defendant decided to change the name of an entertainment drinking club operated by himself from C to D due to infertility with C, and entered into a lease agreement with the Plaintiff (hereinafter “instant change agreement”) under which the lessee entered into a lease agreement with April 22, 201 with respect to the instant store as the lessee from April 22, 201 to 24 months (hereinafter “instant change agreement”).

C. From July 2013, the Defendant did not pay the Plaintiff the rent, and accordingly, the Plaintiff’s written brief dated February 12, 2014, stating that the Plaintiff would terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent, was served on the Defendant on February 17, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 to 1 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was amended to April 21, 2013 under the instant change agreement, but it was subsequently renewed thereafter, and lawfully terminated by the Plaintiff’s declaration of intent to terminate the instant lease agreement due to the Defendant’s delinquency in rent, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiff, and to pay to the Plaintiff the rent of KRW 3.5 million (5 million x 7 months) in arrears from July 2013 to January 2013 and from February 1, 2014 to February 1, 2014 to the delivery completion date of the instant store.

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