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(영문) 서울중앙지방법원 2015.01.20 2014가단82352
건물명도등
Text

1. The Defendant: (a) KRW 2,851,010 for Plaintiff A and its related KRW 5% per annum from November 28, 2014 to January 20, 2015; and (b).

Reasons

1. Basic facts

A. On December 9, 2010, the Plaintiffs entered into a lease agreement with the Defendant on each of the terms of the lease deposit amounting to KRW 5,000,000, monthly rent of KRW 500,000, monthly rent of KRW 500,000, and the management fee to be borne by the Defendant, under the condition that the store No. 8 and the store No. 9 (hereinafter collectively referred to as the “instant store”) owned by Plaintiff A are integrated and used. The Defendant received delivery of the instant store on the same day and used it.

B. On March 18, 2013, when the Defendant delayed the payment of the rent, the Plaintiffs notified the Defendant of the termination of the lease, which, around March 2013, the Defendant disposed of the house fixtures in the instant store in the presence of the Plaintiffs and suspended the business, and around July 18, 2014, delivered the keys to the instant store to the Plaintiffs.

C. The rent that the Defendant delayed until March 31, 2013 is KRW 2,354,00 for the Plaintiff, KRW 3,354,00 for the Plaintiff B, and KRW 5,230,510 for the Plaintiff and KRW 548,190 for the Plaintiff B.

As the Defendant left the store in this case with the delayed payment of management expenses, the D Market Manager took a measure to cut off the store in this case, and the Plaintiffs suffered damages for the period during which the new lessee was unable to operate his business due to the breakout of office, which reduced the rent of KRW 533,00.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 7, purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that the Defendant delivered the instant store to the Plaintiffs on July 18, 2014. As such, the Defendant was in arrears until July 18, 2014, and the Defendant is obliged to pay KRW 4,150,000 to the Plaintiff A, KRW 4,650,00 to the Plaintiff B, KRW 5,437,690 to the Plaintiff as the overdue management fee, KRW 5,437,690 to the Plaintiff A, and KRW 702,190 to the Plaintiff B as the overdue management fee, and KRW 500,000 to the other repair cost that the Defendant destroyed while using the instant store.

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