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(영문) 서울중앙지방법원 2014.04.29 2013가단322695
점포인도
Text

1. The defendant shall be the plaintiff.

A. The attached Table 1 among the 439 subway lines of Eunpyeong-dong Seoul, Eunpyeong-gu 439.

Reasons

1. Facts of recognition;

A. On April 26, 2012, the Plaintiff’s order 1. A

A lease deposit was concluded with the Defendant (hereinafter referred to as “instant lease agreement”) on the part 66.5 square meters in the section of the ship as indicated in the port (hereinafter referred to as “the lease object of this case”) with respect to KRW 150,121,755 (the change of KRW 151,412,598 thereafter), monthly rent of KRW 8,304,097 (the change of KRW 8,411,81) and the lease term was set from April 26, 2012 to June 28, 2017.

B. From June 2012, the Defendant delayed the payment of the rent. From June 2012 to September 24, 2013, the sum of the rent in arrears was KRW 99,820,140, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on September 24, 2013.

C. The Defendant installed a provisional structure on the leased object of this case.

The monthly rent that the Defendant delayed as of September 24, 2013 is KRW 9,820,140; damages for delay for unpaid rent is KRW 7,101,670; the unpaid amount is KRW 1,383,690; damages for delay is KRW 4,050; damages for delay is KRW 108,30,309,550; and the sum of the said payments is KRW 108,309,550.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, it can be acknowledged that the instant lease contract was lawfully terminated upon the Plaintiff’s notice of termination around September 24, 2013.

Therefore, the Defendant is obligated to remove the provisional facilities installed within the instant leased object and deliver the said leased object to the Plaintiff following the termination of the instant lease agreement, and ② to pay KRW 108,309,550, which is the sum of the rent, management fee, and damages for delay payable upon the Plaintiff’s request. ③ From September 25, 2013, the day following the termination of the instant lease agreement.

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