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(영문) 서울중앙지방법원 2020.08.13 2019가단5238698
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B Incorporated Co., Ltd. shall deliver the buildings listed in the attached list, and B.

Reasons

1. On July 11, 2019, the Plaintiff entered into a lease agreement with Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under Defendant C’s joint and several sureties on the ground of the cause of the claim with Defendant Co., Ltd., (hereinafter “Defendant Co., Ltd.”) to the Defendant Company from August 11, 2019 to August 10, 2024, and from August 11, 2024, the lease deposit KRW 200 million (the contract deposit KRW 10 million on the date of the contract; the intermediate payment KRW 90 million on the date of August 11, 2019; the remainder KRW 100 million on the date of the contract; the remainder KRW 14 million on the date of the lease agreement; the Plaintiff did not pay the intermediate payment to the Defendant on the ground that the Plaintiff did not receive the notice of the intermediate payment from the date of the contract until the deadline of 108.193.

According to the above facts, the termination of the contract made on the ground of the Defendant’s nonperformance of the obligation to pay part of intermediate payments is lawful, and the Defendant Company and the joint guarantor, the Defendant Company, jointly and severally, shall deliver the instant real estate to the duty to restore, and the Defendant C, the joint and several surety, jointly and severally, shall compensate for the performance profit equivalent to the rent that the Plaintiff would have accrued if the Defendant Company fulfilled the instant lease contract, and shall offset the portion of the down payment of KRW 10 million,00,000,000, which was received by the Plaintiff against the unjust enrichment from July 12, 2019 to August 3, 2019.

From the beginning, the real estate of this case.

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