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(영문) 수원지방법원평택지원 2017.09.20 2017가합9345
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Plaintiff

On April 21, 2016, A Co., Ltd. (hereinafter “Plaintiff”) entered into a lease agreement on the entire first floor (hereinafter “instant lease agreement”) of the real estate listed in the attached Table (hereinafter “instant real estate”) with the Defendant, setting the lease term from February 3, 2016 to March 22, 2019, as KRW 30 million, monthly rent of KRW 35 million, monthly management fee of KRW 5 million, and between the Defendant and the Defendant, and the Plaintiff B jointly and severally guaranteed the obligation under the instant lease agreement with the Defendant of the Plaintiff Company.

On June 23, 2016, the plaintiffs and the defendant filed a complaint with respect to the case of filing a complaint with respect to the building name 2016-23 building name of this court, including the following:

(hereinafter “instant protocol of conciliation”). 1. The Plaintiffs are ordered to restore to the original state on March 22, 2019, the expiration date of the lease contract the entire part of the first floor (1,920 square meters) among the real estate listed in the attached list to the Defendant.

At this time, the expenses for the execution related to life-saving due to the delay of life-saving and the expenses for the loss of opportunity caused by the defendant's ownership (use, profit, disposal) may be claimed against the plaintiffs.

2. The Plaintiffs are jointly and severally liable to pay 300 million won (Won 300,000,000), and 200 million won on April 21, 2016, and 200 million won on April 26, 2016.

Even once the payment of the above rental deposit is made, the lease real estate shall be ordered immediately if the payment is overdue.

3. The Plaintiffs jointly and severally pay the monthly rent from February 23, 2016 to March 22, 2019 in the amount of KRW 35,00,000 (Won 35,000,000, value-added tax) and the monthly management fee ( e.g. 5,000,000), and if the monthly rent is in arrears for at least three months, the lease contract shall be terminated and the lease property shall be immediately ordered.

In addition, additional dues of 30% per annum shall be paid for the amount of arrears.

On May 2017, the Defendant did not pay the monthly rent for at least three months, and the instant lease contract was immediately terminated.

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