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(영문) 수원지방법원 2015.09.17 2014가합69378
건물인도 등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 25 million and 5% per annum from April 6, 2014 to January 10, 2015.

Reasons

1. Basic facts

A. On July 20, 201, the Plaintiff entered into a lease agreement with E and E to lease the leased property KRW 100,500,000,000,000 from July 20, 201 to July 19, 201, which connects each point of (a) part of (a) part of 354.39 square meters (hereinafter “the leased object of this case”) of the attached Table 2 specification 1,2,3,4,5,6, and 1 among the 1st floor of the building listed in the attached Table 1, which is owned by the Plaintiff, by setting the lease term from July 20, 201 to July 19, 2013.

B. On May 24, 2013, Defendant C and the above Defendant sub-leaseed the subject matter of the instant lease to the said Defendant from May 20, 2013 to July 20, 2013. However, the said Defendant concluded a sub-lease contract under which the said Defendant would pay the Plaintiff rent, management fee, etc. under the said lease agreement and deduct the Plaintiff from the said lease deposit if the said Defendant would pay the Plaintiff a rent.

C. From May 20, 2013, Defendant C and Defendant D operated a restaurant in the name of “Fedow restaurant” from the leased object of this case.

Since then, the Plaintiff entered into a lease agreement with Defendant C, Defendant D, and the said Defendants to lease the subject matter of the instant lease amounting to KRW 50 million, monthly rent, KRW 5.7 million (hereinafter “instant lease agreement”).

E. After that, on March 5, 2014, the Plaintiff leased the leased object of this case to Defendant B Co., Ltd. (hereinafter “Defendant B”) and the above Defendant at KRW 50 million per month, and KRW 57 million per month, with the terms that the said Defendant shall pay the rent of KRW 35 million per month by April 5, 2014. The rent under a lease that the said Defendant shall pay the rent of KRW 35 million by April 5, 2014, shall be paid by the fifth day of each month.

b. hereinafter “instant lease agreement” was concluded.

On the same day, the Plaintiff transferred the leased object of this case to Defendant B, but the above Defendant did not pay the Plaintiff the rent under the instant lease agreement.

F. On May 2, 2014, Defendant C paid a rent of KRW 10 million to the Plaintiff under the instant lease agreement.

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