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(영문) 대전지방법원 2016.03.22 2015가단213534
건물명도
Text

1. The defendant shall be the plaintiff.

A. At the same time, 110,000,000 won shall be paid from the Plaintiff and indicated in the attached Table.

Reasons

1. Basic facts

A. The Plaintiff attached Form to the Defendant on August 29, 2011

1. The registered real estate (hereinafter “instant store”) shall be leased KRW 110,00,00 for lease deposit, KRW 5,000 for rent monthly (excluding value-added tax) and KRW 5,000 for lease period from September 1, 201 to August 31, 2016. The instant store was handed over to the Defendant around that time. The main contents of the instant lease agreement (hereinafter “instant lease agreement”) are as follows.

Article 2 (Payment of Rental Deposit and Rent): 110,00,000 won monthly rent: 5,000,000 won (payment at the end of each month) Additional Tax and Additional Tax. (1) When the rent prescribed in Article 2 of this Agreement is not paid within the prescribed period, the late payment charge applying the overdue interest rate of 25% per annum shall be additionally paid.

Article 8 The defendant shall bear value-added tax on monthly rent and deposit.

Special terms and conditions: 10% of the deposit and rent (monthly) shall be increased every two years.

(hereinafter “instant special agreement”). B.

Since the Defendant opened the instant store with the mutual recognition of “C” on September 1, 2011, the Defendant has operated the said store at the instant store until now.

C. Meanwhile, the defendant attached to the plaintiff

4. The monthly rent (E) and the value-added tax column (F) were paid on the date of payment indicated in the calculation statement (attached Table) (hereinafter referred to as the “attached Table”) as the name of rent and value-added tax.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 to 5 (including paper numbers), the purport of the whole pleadings

2. Determination as to the request for delivery of the instant store

A. The Plaintiff’s assertion 1) The Defendant did not pay a rent on the fixed date after the lease agreement as shown in the attached Form No. 1 and agreed to increase the deposit and rent by 10% on September 1, 2013, the Defendant additionally pays the Plaintiff KRW 11,00,000 (=10,000 x 10% x 10%) on September 30, 2013, and additionally pays a rent of KRW 5,50,000 (=5,000,000 x 110% on value-added tax) from September 30, 2013.

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