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(영문) 서울서부지방법원 2015.04.30 2014가단11324
임대료등
Text

1. The primary Defendant (Counterclaim Defendant) is from December 28, 2013 to KRW 18,079,650 to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On November 20, 2012, the Plaintiffs leased the deposit deposit of KRW 30 million, monthly rent of KRW 12 million (excluding value-added tax), and the period from November 20, 2012 to November 19, 2013 to Defendant C (hereinafter “Defendant C”) determined and leased the deposit of KRW 20 million by November 7, 2013. The Plaintiffs decided to increase the deposit of KRW 20 million by June 7, 2013.

(hereinafter “instant lease agreement”). B.

Before and after the instant lease agreement, the Defendant Company subleted the first floor of the instant building to F and operated the restaurant, and subleted the five floors to G to operate the church.

C. On October 1, 2013, the Plaintiffs sent to the Defendant Company a certificate of the purport that the instant lease contract is terminated on the grounds that the Defendant Company was in arrears for at least two consecutive months, and that it was sub-leaseed without permission. The said certificate was served on October 2, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the main claim

A. (1) On October 2, 2013, the instant lease contract was terminated on October 2, 2013, since the Defendant Company sublets the first and the fifth floor of the instant building without the Plaintiffs’ consent, and the Defendant Company did not pay the second and fifth floors of the instant building from October 27, 2013 to December 27, 2013. The Defendant Company paid KRW 18,870,000 calculated by deducting KRW 50,000 from the aggregate of unpaid monthly rents and unlawful gains from December 27, 2012 to December 27, 2013, KRW 18,870,000, ② KRW 270,000, KRW 40,000, KRW 270,000, KRW 50,000, KRW 201, KRW 400,000, KRW 25,000, KRW 260,000.

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