logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.12.02 2019가단12366
건물인도 등
Text

The Defendants are jointly and severally liable to the Plaintiff

(a) Description 1, 2, 3, 4, 5, 6, 7, 8, 8, of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On September 4, 2017, the Plaintiff’s order 1-A between Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the Plaintiff.

The real estate stated in paragraph (1) (hereinafter referred to as “instant real estate”) is leased by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 1 million, and the lease period from September 4, 2017 to September 3, 2019. The Defendant Company continued to delay the payment of rent at least twice a year, changed the use and structure without the Plaintiff’s consent, or used it for purposes other than the lease purpose, the instant contract can be terminated immediately. Upon the expiration of the contract, the Defendant Company entered into a lease agreement to restore the property to its original state and dispose of the remainder of the warehouse (hereinafter “instant lease agreement”). The Defendant Company received the instant real estate from time to time and received profits therefrom.

B. On April 5, 2018, Defendant D, the representative director of the Defendant Company, prepared and provided a letter of performance and a joint and several surety to the Plaintiff jointly and severally with the Defendant Company to perform the obligation under the instant lease agreement.

C. After that, the Defendant Company started to delay the payment of monthly rent from June 4, 2018 to the Plaintiff, and loaded wastes in the instant real estate. Accordingly, on July 16, 2019, the Plaintiff notified the Defendant Company of the termination of the instant lease agreement on the ground that the monthly rent was not paid and waste was not disposed, and the said notification reached the Defendant Company around July 17, 2019.

[Judgment of the court below] The ground for recognition is without merit, Gap 1 through 7 evidence, and the purport of the whole pleadings.

2. According to the above facts, the instant lease agreement between the Plaintiff and the Defendant Company is deemed to have been lawfully terminated on July 17, 2019 according to the Plaintiff’s declaration of termination. Thus, Defendant D, a joint and several surety, is presumed to have been presumed to have been the amount equivalent to monthly rent or monthly rent in arrears from June 4, 2018 to September 3, 2019.

arrow