(영문) 서울동부지방법원 2019.02.15 2018나20882

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(영문) 서울동부지방법원 2019.02.15 2018나20882

건물명도(인도)

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1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim expanded by this court, is as follows.

Reasons

1. Facts of recognition;

A. On August 28, 2014, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with the Defendant by setting the lease deposit amount of KRW 200,00,00,00 and KRW 15% compared to the monthly rent (payment on the 10th of the following month), and the lease term from December 19, 2014 to December 18, 2017 (the Defendant asserted that the lease term has not been set, but only on the 1st of the 1st of the 1st of the 1st of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 1st of the 1st of the 2014th of the 2nd of the 2nd of the 2nd of the 2nd of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 2014.

B. From around that time, the Defendant operated the restaurant with the trade name “C” in the instant store, and used the warehouse (B) part of 49 square meters connected with each of the real estate listed in the attached Table 3 list, in sequence, in order to keep the equipment necessary for the operation of the said restaurant, etc., from among the real estate listed in the attached Table 3, the Defendant leased and used the warehouse (hereinafter “instant warehouse”) from the Plaintiff. In return, the Defendant separately paid 495,000 won per month to the Plaintiff.

C. However, from August 2016, the Defendant began to delay the payment of rent, management fee, and warehouse usage fee. As of November 30, 2018, the amount of the overdue rent and the amount equivalent to the overdue rent up to December 31, 2017 as of December 31, 2017, the unpaid management fee up to December 31, 2017, the unpaid rental fee and the amount equivalent to the warehouse usage fee up to November 30, 2018, and each late payment charge (in proportion to 24% per annum) are as listed in the following table.

Items 52,861,934 79,779,90 13,905,000 146,546,5834 late 22,085,3343,805,408,408,849,849,5948,5948,26813,585,308,308,17,962,849206,49206,495,495,425,425,000 146,495,482,495,495,425,495,42555

D. Accordingly, on April 19, 2017, the Plaintiff is against the Defendant.

유사 판례

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-서울동부지방법원 2017.12.20 2017가단122926