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(영문) 창원지방법원 2020.12.17 2018가단122659
토지 및 건물인도 등
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 37,610,311, and 5% per annum from January 1, 2019 to November 11, 2020.

Reasons

1. Basic facts

A. On October 10, 2012, the Plaintiff leased to the Defendants a lease deposit of KRW 20,000,000, monthly rent of KRW 1,900,000 (payment on the last day of each month), the lease period from October 31, 2012 to October 31, 2014, the lease period of KRW 197,60,000,000,00 for a factory site for D, 907, and one-story structure for its ground, and one-story structure for its ground, and 330,000,000 square meters for a steel frame for its ground (hereinafter “instant real estate”).

(hereinafter referred to as "lease Agreement of this case" in total, including the contents of a new contract to be concluded below.

The Defendants are those who operate the scrap metal business under the trade name of “F,” and the business registration holder is Defendant B, and only the Defendant B entered the lease contract with the Plaintiff for the purpose of using the instant real estate as the business place.

C. In September 2017, the Plaintiff and the Defendants concluded a lease contract with the purport that the instant real estate was leased to the Defendants from September 1, 2017 to August 31, 2019, following the renewal of the instant lease contract. Around September 2017, the Plaintiff and the Defendants concluded a lease contract with the purport that the instant real estate was leased to the Defendants from September 1, 2017 to August 31, 2019.

From November 2014, the Defendants did not pay monthly rent and electricity rent for the instant lease contract. The sum of monthly rent and electricity rent that the Defendants did not pay until July 2017 is KRW 25,610,311, and monthly rent is KRW 1,600,000 on August 2017, and KRW 1,90,000 on September 2017.

E. The Plaintiff expressed his/her intent to terminate the instant lease contract by serving the instant complaint on the grounds of unpaid monthly rent, etc. of the Defendants, and the Defendants delivered the instant real estate to the Plaintiff on or around December 31, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, and 5 (including branch numbers; hereinafter the same shall apply), each entry, and the purport of the whole pleadings

2.Unpaid rent and electricity charges.

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