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(영문) 서울남부지방법원 2018.08.23 2017가단27208
건물명도(인도) 등
Text

1. The counterclaim Defendant is 2 million won to the counterclaim, and 6% per annum from January 30, 2018 to August 23, 2018.

Reasons

1. The summary of the instant case filed a lawsuit against the counterclaim and D Co., Ltd. (hereinafter the Plaintiff’s indication omitted) on the grounds that the lease contract was terminated due to the overdue rent and sub-lease of the counterclaim, and filed a lawsuit claiming the delivery of the building to the counterclaim and D, and the overdue rent and management fee, etc. to the counterclaim and D.

(In the course of the lawsuit, the counterclaim sought dismissal of the counterclaim Defendant’s claim. On the other hand, the counterclaim Defendant filed the instant counterclaim seeking damages due to the breach of contractual obligations and the impossibility of using the object, and seeking the return of the lease deposit.

2. The fact of recognition: (a) On February 21, 2017, the Counterclaim Plaintiff leased the fourth floor (hereinafter “instant office”) among the facilities in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul (hereinafter “instant office”) from the counterclaim Defendant during the period from March 21, 2017 to March 4, 2019, with the deposit amount of KRW 20 million, monthly rent of KRW 20 million (value-added tax separate, monthly payment of KRW 30,000,000 management expenses, and the lease period of KRW 200,000,000,000,000

There is a provision that "the interior partitions shall be removed by the lessor" in the terms of the contract.

② The purpose of the Lessee is to operate private teaching institutes for information security and information protection such as software development and supply business, individuals, etc., and the inside director F is registered as executive officers on the register.

On May 19, 2017, D (Representative F) whose purpose is to provide information security and personal information protection consulting services has changed the address of the head office of this case to the office of this case and used the office of this case since that time.

③ On March 10, 2017, D transferred the remainder of deposit KRW 18 million under the instant contract to the counterclaim Defendant; only KRW 200,000,000 for the rent on April 13, 2017; KRW 200,000 for the rent on April 19, 2017; KRW 200,000 for the rent on June 30, 201; and KRW 200,000 for the rent on July 4, 2017; however, the counterclaim did not pay the rent and management fee thereafter.

(4) On August 31, 2017, a counterclaim defendant shall be deemed to have filed a counterclaim.

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