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(영문) 전주지방법원 2018.07.20 2017가단24924
건물인도
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 7,600,000 and Defendant B with respect thereto from November 9, 2017, and Defendant C with respect to the said amount.

Reasons

1. Basic facts

A. On October 2, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants by setting the lease deposit amount of KRW 10,00,000, monthly rent of KRW 80,000, monthly rent of KRW 800,000, and period of lease from October 3, 2015 to October 2, 2017, with respect to the portion of KRW 29.7 square meters in the attached Form 2 drawings among the real estate listed in the attached Table 1 (a) (hereinafter “instant real estate”).

B. The Defendants did not pay a total of KRW 17,600,000 ( KRW 800,000 x 22 months) monthly rent for 22 months from December 3, 2015 to the expiration date of the above term of lease.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) From December 3, 2015 to October 2, 2017, the Defendants did not pay KRW 17,600,000 in total monthly rent for 22 months from the expiration of the lease term under the instant lease agreement. The Plaintiff is obligated to pay KRW 10,00,000 to the Defendants upon expiration of the lease term. Thus, the Defendants are obliged to pay the Plaintiff the remainder of KRW 7,60,000 ( KRW 17,60,000 - 10,000 - 10,000) from the monthly rent in arrears to the Plaintiff after deducting the lease deposit from the real estate rent, and the Defendant did not have the obligation to pay the Plaintiff the lease deposit from the office of the instant real estate before and after the conclusion of the instant lease agreement from October 2, 2016 to the date of the instant request from the Korea Electric Power Corporation to the date of 16, 2016.

B. We examine the judgment, and examine the facts of the above recognition.

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