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(영문) 대전지방법원천안지원 2020.10.14 2019가단9749
건물인도 등
Text

1. The defendant shall pay KRW 5,188,484 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. One of the costs of lawsuit;

Reasons

1. Facts of recognition;

A. On November 18, 2017, the Plaintiff leased part of the building sites and part of the building sites of Asan-si E’s factory to D Co., Ltd. around that time, and received KRW 40,000,000 from D around that time.

On February 1, 2018, the Plaintiff and D Co., Ltd. were adjusted to KRW 8,00,000 (excluding value-added tax) as the monthly rent of the above lease agreement.

B. Around July 1, 2018, the Defendant acquired the status of the lessee of D Co., Ltd.

On July 1, 2018, the Plaintiff and the Defendant added a factory building to the leased object, while paying KRW 80,000,000,000, and paid KRW 40,000,000, additional lease deposit by September 30, 2018, and entered into a new lease contract by setting the lease term from July 1, 2018 to June 30, 2020.

(hereinafter “instant lease agreement.” At the time, the Plaintiff and the Defendant determined that the instant lease agreement may be terminated if the Plaintiff and the Defendant did not pay the lease deposit or the Defendant did not pay a monthly rent at least three times.

C. On July 15, 2019, the Defendant paid KRW 10,000,000 to the Plaintiff, but did not pay KRW 30,000,000 to the remainder of the lease deposit, and did not pay the difference from August 1, 2019.

In filing the instant lawsuit, the Plaintiff clearly stated that the instant lease contract will be terminated on the grounds of the Defendant’s deposit and unpaid rent, and the duplicate of the instant complaint stating the declaration of intention was served on November 4, 2019 to the Defendant.

E. On January 15, 2020, the Defendant delivered the leased object to the Plaintiff.

F. The Defendant did not pay the electricity fee of KRW 6,930,420 imposed on the use of the leased object by the above delivery date, and the Plaintiff paid it on behalf of the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5 through 11, purport of the whole pleadings

2. According to the allegations and the above facts of recognition, according to the allegations and the above facts of recognition, the Defendant from August 1, 2019 to January 15, 2020 to the Plaintiff.

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