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(영문) 수원지방법원 2018.01.19 2017가합11660
건물명도 등
Text

1. The Defendants jointly share KRW 15,614,176 with respect to the Plaintiff, and the period from October 14, 2017 to January 19, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaging in the business of distributing agricultural, fishery, and livestock products, and Defendant C is the representative director of Defendant B.

B. On September 16, 2014, the Plaintiff entered into a contract with the Defendants to lease KRW 300,000,000 per deposit, KRW 13,000,00 per month of rent (excluding value-added tax), and the period from November 8, 2014 to November 7, 2019 (hereinafter “instant lease contract”) with the Defendant as to the instant real estate as the head of Suwon District Court, Dongwon District Court, Dongwon District Office, 114232 on October 23, 2014, with the term of KRW 300,00,000 for lease deposit, and the term of KRW 114232 until November 7, 2019, and the registration of the establishment of chonsegwon (hereinafter “instant lease”).

The contents of the instant lease agreement pertaining to the instant case are as follows.

Article 3 (Lease Deposit and Monthly Rent) (4): The Defendants shall pay monthly rent (including value-added tax) to the banks designated by the Plaintiff pursuant to Article 3 (1).

Provided, That where the payment deadline expires, the amount calculated by adding 20% of the overdue interest rate to the number of overdue days shall be paid, and where at least two months have been overdue, the plaintiff may take measures, such as termination of the contract and suspension of business without the prior peremptory notice, etc.

Article 6 (Change of Structure and Internal Facilities) (1) If it is necessary to prevent internal facilities to change the store structure or electricity, water supply, telephone propaganda equipment, and other public actions during the term of the lease, all facilities shall be installed in a manner that does not conflict with the Building Act and other administrative regulations, such as the Fire Services Act, and even if the expenses are borne by the person, it may be manufactured and installed with the prior consent of the plaintiff.

Article 9 (Termination of Contract and Compensation for Breach of Contract) (1) In any of the following cases, the Plaintiff shall have the Defendants terminate the contract in writing:

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