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(영문) 대구지방법원 2017.12.21 2016가합208420
건물명도
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 31,040,000 and the interest rate thereon from December 9, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 (including various numbers), the plaintiff leased the lease deposit amount of KRW 20 million, monthly rent of KRW 17.6 million to the defendants around June 14, 2012 without setting the lease period. The plaintiff was merely paid KRW 35 million from June 14, 2012 to February 14, 2014, and only received KRW 35,200,000 from the defendants to February 15, 2014, and it was evident that the plaintiff was not paid monthly rent from around February 15, 2014 to the defendants, and that the plaintiff was delivered a copy of the lease contract of this case to the defendants on the grounds that the lease contract of this case was terminated by the defendants on the grounds that the plaintiff was terminated by the plaintiff on February 16, 2016.

According to the above facts, the Defendants, a joint lessee, are jointly and severally liable to pay the Plaintiff the amount of KRW 51,040,000,000, which is the sum of the overdue rent from around February 15, 2014, to July 14, 2016, which was the sum of the overdue rent from around the period from around July 14, 2016 when the Defendants were jointly and severally liable to deduct the Plaintiff from the overdue rent (i.e., KRW 1760,000 x 29 months), and the amount of KRW 31,040,000,000, which is the sum of the overdue rent from around July 14, 2016, which is the amount of KRW 31,040,000, and damages for delay at the rate of 15% per annum as requested by the Plaintiff, following the due date of each rent.

The Defendants asserted to the effect that the Plaintiff agreed to pay KRW 5 million to the Defendants as the expenses for directors, and that such agreement ought to be deducted from the rent in arrears. Therefore, the Defendants are the Defendants on January 2016.

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