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(영문) 서울중앙지방법원 2016.01.19 2014가단100632 (1)
점포명도 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 66,872,00 as well as 5% per annum from November 21, 2015 to January 19, 2016.

Reasons

1. Determination as to the claim against the defendant B

A. Basic facts 1) On April 16, 2003, the Plaintiff: (a) on April 16, 2003, the building indicated in the attached Table 1 list to Defendant B (hereinafter “instant building”).

Of the three floors, the lease deposit amount of KRW 10,440,00 for 301 and 302, monthly rent of KRW 1,131,00 for management expenses, KRW 493,00 for monthly management expenses, and KRW 1 year for lease term of KRW 493,00 for 306 among the three floors of the building of this case has been explicitly renewed. (2) On October 21, 2004, the Plaintiff leased the lease deposit of KRW 6,120,00 for 306 among the three floors of the building of this case to Defendant B by setting the lease deposit amount of KRW 6,120,00 for 663,00 for monthly rent of KRW 663,00 for management expenses, monthly management expenses of KRW 289,00 for 289,00 for lease period of December 31, 204.

3) At the time of each of the above lease agreements, the Plaintiff and Defendant B agreed to allow the Plaintiff to terminate the contract in cases where Defendant B did not pay monthly rent, etc. for more than two months. (4) However, from January 2012, Defendant B delayed payment of monthly rent, etc. under each of the above lease agreements. On June 24, 2013, the Plaintiff notified Defendant B of the termination of each of the above lease agreements on the grounds of delinquency, such as monthly rent, etc. for more than two months.

5) On August 31, 2014, Defendant B completed the delivery of the aforementioned 301, 302, and 306 to the Plaintiff. From January 2012 to August 31, 2014, Defendant B is KRW 82,432,00 [the aggregate amount of arrears from January 201 to August 31, 2014 / [2,576,00 won [the aggregate amount of monthly rent and management expenses for 301, 302 + KRW 1,131,000 + the monthly rent for 301, 302 + KRW 493,000 + the monthly rent for 306 + KRW 663,000 + the monthly rent for 306 + the management fee for 289,000 x 32 months x the number of subparagraphs 1 through 6, and the same shall apply].

each entry, the purport of the whole pleading

B. According to the facts found as above, each of the above lease agreements was lawfully terminated on June 24, 2013 by the Plaintiff’s declaration of termination on the grounds of delinquency, such as monthly rent of Defendant B, and barring any special circumstance, Defendant B, barring any special circumstance.

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