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(영문) 의정부지방법원고양지원 2019.02.21 2018가단85118
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) An indication of the 10th floor of the buildings listed in the attached list;

Reasons

1. Basic facts

A. On February 29, 2016, the Plaintiffs leased D and E (attached Form Nos. 16,236,920, monthly rent 1,063,130, monthly management fee 1,48,390, monthly management fee 1,48,390, and the lease period from March 28, 2016 to March 27, 2018.

B. The Defendant did not pay rent and management expenses for about 20 months during the lease period between 24 months, and the Plaintiffs urged the Defendant to pay several times on July 2017, and the Defendant notified the Defendant of March 16, 2018, that the amount of KRW 44,109,741, including the overdue rent and management expenses (20 months from July 2016 to February 2018) and the late payment charges thereof, would be repaid on three occasions until May 31, 2018, while the Defendant agreed to extend the lease period, the Plaintiffs did not pay KRW 1,00,000,000 until March 27, 2018, which is the first payment period, and the Plaintiffs notified the termination of the lease contract on April 12, 2018.

C. The Defendant’s unpaid rents and management expenses from July 2016 to April 12, 2018 are KRW 46,661,261 in total.

[Ground for recognition] Unsatisfy

2. Judgment on the principal lawsuit

A. The plaintiffs shall set the total amount of KRW 46,661,261,261, including the above overdue rent and management fee, as the automatic bond and set the deposit refund claim of KRW 16,236,920 as the deposit and set-off as the service of the complaint of this case.

B. Since the instant lease contract was terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and the Defendant is obligated to pay KRW 30,424,341 (total of KRW 46,61,261 won-16,236,920 +30,424,341, including the remaining rents, etc. set off against the unpaid rents, etc., and to pay KRW 2,51,520,00,000,000,000,000 from September 9, 2018, which is the day following the delivery of the instant complaint, and the late payment charge of KRW 18,00,000,000,000,000,000,000,00

3. On a counterclaim;

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