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(영문) 인천지방법원 부천지원 2018.12.20 2018가단6886
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) Map 1, 2, 3.2 at the bottom of the Schedule among the three floors of the real estate listed in the Schedule.

Reasons

1. Facts of recognition;

A. On June 12, 2013, the Plaintiff, the owner of the building indicated in the attached list, concluded a lease agreement with the Defendant on the part (a) part (a), 297.53m2 (hereinafter “the instant store”), which connects each point of the attached list, in sequence 1, 2, 3, 4, 5, 6, 7, 7, 97.53m2 (hereinafter “the instant store”), among the three floors of the building listed in the attached list with the Defendant on June 12, 2013, on which the lease deposit was separately paid, including electricity and water supply and drainage charges.

(hereinafter referred to as “instant lease agreement”). B.

The Defendant received the instant store and operated a singing room. On April 2018, the Plaintiff did not pay approximately KRW 40,000,000 to the Plaintiff for rent and management expenses.

C. The Defendant did not pay the aggregate of KRW 23,423,520 in monthly rent until May 31, 2018 and KRW 6,887,950 in total of management expenses until October 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on June 28, 2018 when the copy of the instant complaint was delivered to the Defendant on the grounds of the Defendant’s delinquency in rent for at least three years.

As such, the defendant shall deliver the store of this case to the plaintiff, and shall pay to the plaintiff 23,423,520 won in total and the unpaid management fees from 6,87,950 won to 30,00 won in total, which shall be the 31,470 won (23,423,520 won - 6,887,950 won - 30,000 won in total) and the remaining 31,470 won in total, which shall be calculated at the rate of 15% per annum from July 6, 2018 to 12, 2018 following the delivery of a copy of the application for change of the purport of the claim and the grounds for the claim, and shall pay damages for delay calculated at the rate of 15% per annum from July 12, 2018 to 200,000 won in this case's store from June 1, 2018 to 208.

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