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(영문) 대구지방법원 2019.02.20 2018가단20115
건물인도 등
Text

1. The Defendant shall deliver to the Plaintiff the building indicated in the attached list, and the attached list shall be from September 2, 2018, including KRW 60,759,100.

Reasons

1. Facts of recognition;

A. On October 2, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 10 million, the lease deposit of KRW 24 months, and the monthly rent of KRW 3520,000 (including value-added tax, and the monthly rent of KRW 30,000 (hereinafter “instant lease agreement”).

B. The Defendant delayed to pay the Plaintiff the sum of KRW 75,760,000 by September 1, 2018. The Defendant repaid the Plaintiff the amount of KRW 1,00,000 on September 7, 2018, KRW 2,000,000 on September 19, 2018, and KRW 2,00,000 on January 2, 200,90 on September 1, 201.

C. The Plaintiff declared to the Defendant that the instant lease contract was terminated on the ground that the service of the duplicate of the instant complaint was in arrears.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was terminated by the Defendant’s delay of rent for at least two years around October 2, 2018, which served on the Defendant the duplicate of the complaint of this case.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the rent of KRW 70,759,100 (=75,760,000-1,000,000-2,000-2,000-2,000) calculated by deducting the above lease deposit amount from KRW 10,000,00,00,000, as sought by the Plaintiff, and to pay the rent of KRW 60,759,100 and the amount equivalent to the rent of KRW 3,520,00 per month from September 2, 2018 to September 2, 2018.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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