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(영문) 인천지방법원 2016.04.21 2015가단44068
건물명도 등
Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 4,500,000, and 5% per annum from December 1, 2013 to November 18, 2015.

Reasons

In full view of the purport of the entire pleadings, the following facts can be acknowledged in the judgment of Gap evidence No. 1 or Gap evidence No. 7 (including additional number) as to the plaintiff's cause of action.

On February 25, 2013, the Plaintiff leased E Apartment (or EM) Nos. 106 to Defendant C with a deposit of KRW 10 million, monthly rent of KRW 500,000,000 per two years, and changed this on November 30, 2013.

Defendant B jointly and severally guaranteed Defendant C’s obligation to pay monthly rent No. 106 to the Plaintiff.

On July 29, 2015, the Plaintiff did not receive the deposit and rent, and notified the termination of the lease on this ground, and arrived at around that time.

Defendant C has occupied and used No. 301 (O. 301) E apartment operation even before the date of the closing of the instant argument.

According to the above facts of recognition, Defendant B and Defendant C are jointly and severally liable for payment to the Plaintiff at the rate of KRW 4,500,000 per annum from December 1, 2013 to November 18, 2015, which is the last delivery date of a copy of the complaint of this case, and at the rate of KRW 5% per annum from the next day to the day of full payment, to the day of full payment, each of the damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

In addition, as the lease is terminated, Defendant C is obligated to deliver 301 (the building entered in the order) to the Plaintiff, and since the deposit was not paid, Defendant C is obligated to pay unjust enrichment at the rate of KRW 500,000 per month from December 1, 2013 to the date the delivery is completed, with the same amount as the contract rent of KRW 106,00 per month.

As to the Defendant’s assertion, Defendant C, at F’s request, was unable to receive the payment of KRW 3 million per month from April 2014 to KRW 48 million as agreed upon when Defendant C served as the representative director of G Co., Ltd. as the representative director, and thus, is obligated to deliver it until the payment is made.

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