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(영문) 수원지방법원 2017.02.07 2015나27924
건물명도 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendants pay 123,024,958 won to each plaintiff.

Reasons

1. Facts of recognition;

A. On January 2010, the Plaintiff leased to E all the three-storys of the attached list (hereinafter “instant leased parts”) of KRW 50,000,000, KRW 2,600,000 each month of lease deposit, KRW 462,00 each month of management expenses (which shall be paid in advance and in advance, payment shall be made on the 30th day of each month, the payment date of rent and management expenses shall be paid in advance, and the late payment shall be paid in 20% each month), and the term of lease shall be 24 months, respectively.

B. The Defendants acquired the right of lease as to the leased portion of the instant lease from E. On November 201, the Plaintiff and the Defendants concluded a lease agreement for the term of lease to November 30, 2013 by setting the lease deposit, the amount of rent and management expenses, etc. as stated in the said lease agreement, and the method of payment, etc. (hereinafter “the instant lease agreement”). The Defendants operated the instant lease house from around that time.

C. On October 23, 2013, prior to the expiration of the above lease term, the Plaintiff notified the Defendants of the termination of the instant lease agreement on the ground of the Defendants’ continuous rent delay, on November 30, 2013.

After November 30, 2013, the Defendants continued to engage in business until the end of June 2014, while paying rent and management expenses as indicated below, and Defendant B registered as F on April 1, 2012, and the trade name of the said company changed to G around January 2013. The rent and management expenses set forth in No. 5, 6, and 9 of the table were deposited in the name of the said company;

On July 1, 2014, the report on suspension of business was made.

The amount of payment No. 1 on November 3, 201, 201 3,368,200 on February 27, 2012 3,368,367,80 on February 27, 2012; 3,368,00 on April 7, 2012; 3,368,00 on June 7, 2012; 5,368,200 on July 9, 2012; 3,368,206 on August 3, 2012; 336,807,00 on August 5, 200,00; 10,000,000 on April 19, 200, 200, 3013;

E. The rent and management fee paid by the Defendants as above are stipulated in the instant lease agreement.

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