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(영문) 인천지방법원 2017.10.25 2016가단248133
건물명도
Text

1. The Defendant’s KRW 10,366,377 as well as 5% per annum from November 11, 2016 to July 12, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On May 18, 2015, the Plaintiff leased No. 108 of the Incheon Bupyeong-gu D Building No. 108 (hereinafter the instant real estate) from Nonparty C, and on March 14, 2016, leased the said real estate to the Defendant, and C consented to the sublease contract between the Plaintiff and the Defendant (hereinafter the instant contract).

B. In the instant contract, the Plaintiff and the Defendant: (a) deposited one million won; (b) monthly rent of 2.5 million won (excluding advance payment; (c) lease period from March 24, 2016 to May 23, 2016; (d) determined that public charges shall be borne by the Defendant; and (e) Nonparty E, the Defendant’s seat, actually occupied and used the instant real estate.

C. On August 26, 2016, E discontinued the instant real estate with the trade name “F” through the business registration under the name of the Defendant, and discontinued the said real estate; however, E did not gather the said real estate. Ultimately, the Plaintiff collected the said house on October 30, 2016 directly.

On the other hand, the Plaintiff received a total of KRW 12,05,000 from the Defendant since the conclusion of the instant contract.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 2, 3, 4, 6, 7, 8, 13, 14, and 16, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the sum of the rent and unjust enrichment on the monthly rent and the rent-for-monthly average from March 24, 2016 to October 30, 2016 (19,870,967 won - the sum of the rent and unjust enrichment on the monthly rent and the rent-for-monthly average from March 24, 2016 to October 30, 2016) and the Defendant’s unpaid amount of KRW 10,550,410 (12,05,000 won for the previous payment) and the sum of the public charges paid by the Plaintiff on behalf of the Plaintiff, as requested by the Plaintiff, KRW 10,366,377, and damages for delay calculated at the rate of 5% per annum from the following day to July 12, 2017 on which the duplicate of the complaint in this case was served to the Defendant.

3. The defendant's assertion is assessed against the defendant.

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