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(영문) 의정부지방법원고양지원 2015.08.28 2015가단1980
점포명도
Text

1. The defendant shall be the plaintiff.

(a) connect each point of A, B, C, D, and A among the real estate listed in the separate sheet in sequence;

Reasons

1. Basic facts

A. On September 3, 2014, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 15 million, monthly rent of KRW 1.2 million, and the period from September 12, 2014 to September 11, 2016, and with a special agreement, the contract is in the current state of the facility, and the lessee is responsible for other civil petitions. Of the deposit, three million won shall be deposited on January 10, 2015, and KRW 30 million shall be additionally paid, and the management fee of KRW 20,000 shall be separately paid, and the rent shall be paid from 14 days (hereinafter “instant contract”). The “area of the instant real estate” column in the said contract was modified as “19.6 square meters.”

B. At the time of the conclusion of the instant contract, the Defendant, while paying 12 million won as security deposit, started a business by taking over the instant real estate, but did not pay 3 million won as security deposit and monthly rent and management fee on one occasion.

C. On December 18, 2014, the Plaintiff sent to the Defendant a certificate of content to the effect that the instant contract is terminated on the grounds of two or more vehicles of rent, and the said certificate of content reached the Defendant around that time.

【Ground for recognition】 The fact that there has been no dispute, Gap 1, 2, and Eul 1's each entry, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion did not pay monthly rent or management expenses once after concluding the contract of this case, and on this ground, the Defendant terminated the contract of this case.

Therefore, the Defendant is obligated to pay to the Plaintiff the rent and management fee of KRW 5 million for the unpaid month from September 14, 2014 to January 13, 2015 (=1.2.5 million won for the monthly rent of KRW 1.2 million (=30 million for the monthly rent of KRW 1.2 million) x 4 months) and the subsequent monthly rent, etc.

B. Determination of the cause of the claim is limited to the case after the defendant received the real estate of this case.

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