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(영문) 수원지방법원 2017.11.29 2017가단512319
건물명도(인도)
Text

1. The Defendant shall pay to the Plaintiff KRW 16,00,000 and the interest rate of KRW 15% per annum from August 29, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On July 2009, the Defendant leased from the Plaintiff the 192.6 square meters of the first floor among the real estate listed in the attached list (hereinafter “instant store”). From that time, the Defendant had operated the restaurant in the instant store with the trade name “D”. On June 16, 2015, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with the Plaintiff as to the instant store’s deposit amounting to KRW 50,000,000, monthly rent amounting to KRW 3,000,000 ( separate value-added tax, and later payment on July 28, 2015), and the lease contract (hereinafter “instant lease contract”) as stipulated under the lease contract from July 28, 2015 to July 28, 2017.

B. However, the Defendant closed the above restaurant on September 30, 2015, and did not pay the Plaintiff the rent under the instant lease agreement from October 2015, and the Plaintiff, upon delivery of a copy of the instant complaint ( served on the Defendant on April 20, 2017), declared that the instant lease contract was terminated on the ground of the Defendant’s delay of rent.

C. Meanwhile, even before October 2015, the Defendant did not pay to the Plaintiff the monthly rent of KRW 1,10,000 (=50,000 x 22 months) in total for 22 months, including the portion to be paid to the Plaintiff on October 2009, the portion to be paid to the Plaintiff on February 2, 201, the portion to be paid to the Plaintiff on October 2, 201, the portion from March 6, 201 through October 6, 2012, the portion to be paid on August 2, 2012, the portion to be used on August 8, 2013 through 12, the portion to be used on August 2, 2013, and the portion to be used on January 3, 2015, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the determination on the cause of the claim, the instant lease agreement was terminated on or around April 20, 2017, and barring any special circumstance, the Defendant, barring any special circumstance, shall obtain the Plaintiff the remainder of KRW 11,60,000, which the Plaintiff seeks to deduct from the Defendant the amount of KRW 61,60,000 (including value-added tax) the sum of the rent in arrears from October 2, 2015 to April 20, 2017 (including value-added tax x 18 months x 3,300,000 x 2/3) the lease deposit received from the Defendant, and KRW 11,60,000,000, and KRW 3,300,000 in arrears (including value-added tax) the unpaid management expenses, and KRW 1,100,000 in arrears prior to October 20, 2015.

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