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(영문) 서울중앙지방법원 2020.11.09 2020가단5132918
기타(금전)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 12,100,000 and its interest.

Reasons

1. Facts of recognition;

A. On June 15, 2018, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant, with the lease deposit of KRW 20 million, KRW 2.3 million per month, KRW 2.3 million per month (payment on July 1, 2018), from July 1, 2018 to June 30, 2020.

(hereinafter referred to as the “instant lease contract”) B.

Of the terms and conditions of the instant lease agreement, the provisions pertaining to the instant case are as follows.

Article 4 If the lessee fails to pay the monthly rent at the end of three months, the lessor may terminate the lease contract.

Special agreement - Lease deposit - 10,000 won increase (30,000 won) after one year ( August 1, 2019) and the following year ( August 1, 2020) shall be 2.4 million won, monthly rent.

The monthly rent of 20,000 won shall be added from the 3rd to the monthly rent of 200,000 won.

C. However, after September 1, 2019, the Defendant did not pay the Plaintiff the rent, and in this case, the Defendant’s application for modification of the purport of the instant lease on March 17, 2020 to the effect that the instant lease contract is terminated on the grounds of the Defendant’s nonperformance of obligation was served on the Defendant on May 9, 2020.

On the other hand, the defendant is operating a restaurant in the building of this case until the date of closing argument.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2, obvious facts in records, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was terminated by service of the plaintiff's request for change of claim and cause of claim on March 17, 2020, and the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, as seen earlier, the Defendant did not pay the rent under the instant lease agreement after September 1, 2019. As such, the sum of the rent arrears from September 1, 2019 to September 1, 2020 shall be 32.1 million won [==29.9 million won in total for 13 months from September 1, 2019 to September 1, 2020] (=2.3 million won in total) x 13 years in arrears.

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