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(영문) 서울동부지방법원 2016.01.13 2015가단115696
차임 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 10,69,103 as well as the annual rate from June 20, 2015 to September 30, 2015; and

Reasons

1. Basic facts

A. On September 1, 201, the Plaintiff entered into a lease agreement with Defendant B on the lease deposit amounting to KRW 10,00,000, KRW 789,000 for the building listed in the separate sheet (hereinafter “the instant lease agreement”) as well as KRW 5,00 for the lease term (hereinafter “the instant lease agreement”) from September 1, 201 to September 1, 201. The Plaintiff may terminate the instant lease agreement if Defendant B did not pay the rent for three or more months. If the instant lease agreement is terminated due to the cause attributable to Defendant B, Defendant B bears a penalty equivalent to KRW 1/10 for the lease deposit against the Plaintiff, and in addition, Defendant B also agrees to pay the Plaintiff KRW 4,00,000 for expenses for surrendering the instant building and other nominal expenses.

B. From July 21, 2011, Defendant B leased several stores of the 9th floor of Songpa-gu Seoul building including the instant building from around July 21, 201, and received them. Defendant C and Defendant D operated a wedding hall in the stores leased by Defendant B as the same business with Defendant B, while occupying and using the instant building until now.

C. As of April 19, 2015, Defendant B did not pay a rent for six months. The Plaintiff filed the instant lawsuit seeking the termination of the instant lease agreement and the payment of rent in arrears on the grounds of the delinquency in rent on June 10, 2015. The Defendants were served with each of the instant complaint on June 19, 2015.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated due to the Defendant B’s delinquency in rent on June 19, 2015, which was delivered by the instant complaint containing the Plaintiff’s declaration of intent to terminate the contract.

I would like to say.

Therefore, Defendant B is stipulated in the instant lease agreement.

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