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(영문) 창원지방법원 2017.11.30 2017가합53814
부동산명도청구및임대료상당손해액지급청구
Text

1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

B. Joint and several 387,082 won and August 2017

Reasons

1. Indication of claim;

A. On February 26, 2016, the Plaintiff leased, from March 1, 2016 to March 31, 2018, the lease deposit amount of KRW 100,000,000, monthly rent, and KRW 7,500,000 to the Defendants, the said lease deposit was reduced to KRW 95,00,000, and the Plaintiff agreed to pay KRW 7,50,000 on behalf of the Defendants to the YNF branch in lieu of the franchise operation of the Defendants.

B. After the conclusion of the above lease agreement, the Defendants occupied and used the instant telecom, but failed to pay the Plaintiff the car properly from August 2016, and the Plaintiff terminated the said lease agreement on the grounds that the Defendant was not paid the car around July 27, 2017.

C. Therefore, the Defendants are jointly and severally liable to deliver the instant telecom to the Plaintiff, and jointly and severally liable to pay damages calculated at the ratio of KRW 387,082 [2,5,300,000 (the unpaid rent up to July 2017) KRW 2,587,00 (the unpaid management fee up to July 2017), KRW 7,50,000 (the franchisee paid by the Plaintiff on behalf of the Defendants) - KRW 95,000,000 (lease deposit)] from August 6, 2017 to the completion date of delivery of the instant telecomtory] and KRW 8,012,360 [the amount of damages calculated at the ratio of KRW 862,360 (the amount of damages corresponding to the monthly management fee].

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.

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