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(영문) 수원지방법원안산지원 2015.06.10 2014가단5807
건물명도 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated on the separate sheet No. 1, 2, 3.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff agreed to the Defendant that the instant store was leased KRW 5,00,000 for the lease deposit, KRW 500,000 for the rent (payment in the late payment on February 25, 2013) and KRW 500,000 for the lease term from February 24, 2013 to February 24, 2015, and the Plaintiff may terminate the contract immediately in the event that the Defendant is in arrears with two or more vehicles, and “the lease term shall be until the Defendant wishes.”

(hereinafter “instant lease agreement”). B.

While the Defendant operated the instant store with the beer house “C” at the instant store, on July 11, 2013, sent to the Plaintiff a certificate of content that “I will not pay rent if I would not resolve the problem of leakage of the instant store.”

After July 31, 2013, the defendant left the store of this case after the closure of business of the store of this case.

C. On September 9, 2013, the Defendant sent a certificate of content that “The Plaintiff was forced to suspend his/her business, thus returning the lease deposit and compensating for damages.”

On the other hand, the defendant did not pay rent from July 2013 and management fee from August 2013.

【Fact-finding without a dispute over the basis of recognition, Gap’s evidence 1, 2, 3, 7, Eul’s evidence 5, 9, 12, and 13, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. As from July 2013, the Defendant did not pay the management expenses from August 2013 to August 2013, the Plaintiff’s overdue rent amounting to KRW 9,00,000 in total, and the management expenses in arrears amounting to KRW 2,216,48 in total.

Therefore, the Plaintiff terminated the instant lease agreement by serving a written application for modification of the purport of the claim and the cause of the claim on January 7, 2015.

Therefore, the defendant delivered the store of this case to the plaintiff according to its restoration, and the 6,216,488 won (the annual overdue rent of KRW 9,00,000, KRW 216,488 - the lease deposit of KRW 5,000) and the 624,795 won (the average management fee of KRW 50,000 per month) from January 1, 2015 to the completion date of delivery of the store of this case.

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