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(영문) 인천지방법원 부천지원 2021.01.08 2020가단118270
건물인도
Text

1. The defendant is from 9,678,853 won to 200.1 November 21, 2020 to the completion date of delivery of real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On November 5, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the real estate listed in the separate sheet (hereinafter “instant commercial building”) with a deposit of KRW 40,000,000, monthly rent of KRW 2,500,000 (a separate value-added tax, monthly rent of KRW 1) and the lease period from December 1, 2019 to November 30, 2021.

B. The Defendant paid to the Plaintiff KRW 23,000,000 out of the lease deposit.

(c)

With the consent of the plaintiff, the defendant entered into a sub-lease contract with C and sub-lease 10,000,000 won in monthly rent and 700,000 won in monthly rent for part of the commercial building of this case (additional value tax, the first and second payment in each month).

(d)

The Plaintiff received from the Defendant the monthly rent under the instant lease contract, including the rent of the former lessee up to February 2020 until the end of February, 2020, and was directly paid by the former lessee C as from March 2020.

E. The Plaintiff, in March 2020, reduced the Defendant’s monthly rent by 100,000, respectively.

F. The Defendant paid the Plaintiff KRW 12,000 in total by paying the monthly rent of KRW 2,750,000 on January 5, 2020, KRW 2,700,00 on February 6, 2020, KRW 50,000 on February 8, 2020, KRW 14,000 on March 14, 2020, KRW 200 on April 30, 200, KRW 2,000 on May 20, 200, KRW 200,000 on May 20, 200, and KRW 1,510,000 on May 29, 2020.

G. On March 31, 2020, the Plaintiff requested the Defendant to pay the unpaid deposit and overdue rent, and the Defendant failed to properly implement this, the Plaintiff notified the termination of the instant lease agreement on June 15, 2020, and the said notification reached the Defendant around that time.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 through 9, Eul evidence Nos. 1, 2-1 and 2-2, and the purport of the whole pleadings

2. As of November 20, 2020, the judgment of the Plaintiff is based on the amount calculated by deducting the overdue rent and the late payment from the deposit paid by the Defendant as of November 20, 2020, from the remainder of KRW 9,627,671, and thus, from the above amount, the instant amount was from November 21, 2020.

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