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Reasons
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(영문) 서울중앙지방법원 2016.08.10 2015가단5291813
건물명도
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 9,431,640 and KRW 8,600,00 among them;

Reasons

1. Facts of recognition;

A. In early 2006, the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 10,000,000 and monthly rent of KRW 1,50,000 with respect to the stores in the separate sheet of the Seoul Jung-gu and three lots of ground D buildings (hereinafter “instant stores”). From around that time, the Defendant continued to renew the said lease agreement while operating the clothing store at the instant stores.

B. After that, the Plaintiff and the Defendant asserted that around November 15, 2010, the deposit for lease of the instant store increased from 10,000,000 to 20,000 won, and around that time, the monthly rent of KRW 1,800,000 (the Defendant was the monthly rent of KRW 1,500,000, but the Defendant was the monthly rent of KRW 1,800,000, in consideration of the fact that the monthly rent of KRW 1,80,000 was sealed, it is difficult to accept the Defendant’s argument in light of the fact that the Defendant remitted KRW 1,80,000 on an average of KRW 30,00 each month from around November 15, 2010, it continued to pay the monthly rent of KRW 1,50,000 (the management fee shall be separately paid to the management body, but the Defendant’s monthly rent of KRW 1,500,000 (the store shall be changed to pay each nine day).

C. On October 4, 2014, the Defendant confirmed that it was a total monthly rent of KRW 19,00,000 for the instant store by October 10, 2014, and that it was divided that it would pay KRW 10,000,000 until December 25, 2014, and that it would pay KRW 9,00,000 by March 25, 2015 (hereinafter “each of the instant notes”).

However, the Defendant paid to the Plaintiff KRW 5,400,000 in total ( KRW 1,00,000 on November 2, 2014, KRW 500,000 on November 18, 2014, KRW 700,00 on December 10, 2014, KRW 700 on December 10, 2014, KRW 700 on December 11, 2014, KRW 1,500,00 on January 12, 2015, KRW 1,500,000 on January 12, 2015, and KRW 1,000 on March 1, 2015).

E. Thereafter, the plaintiff is served with a duplicate of the complaint of this case.

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