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(영문) 서울중앙지방법원 2017.07.13 2016가합516597
차임등
Text

1. Defendant F: (a) from April 16, 2016, Defendant G had the Plaintiff KRW 36,492,750; and (b) from April 16, 2016, Defendant G had the Plaintiff B with the Plaintiff KRW 31,875.

Reasons

1. Basic facts

A. The plaintiffs are the owners of each L Group Building on the ground of 4,144.3 square meters in Jung-gu, Seoul. The defendants are the tenants who concluded each lease contract with the plaintiffs who are owners of the above stores.

B. (1) The Plaintiffs and the Defendants concluded each of the following lease agreements (hereinafter “each of the instant lease agreements”).

Plaintiff (Lessee) The Plaintiff (Lessee) 1 AF 1 AF 4th 182 on July 2, 2010, No. 37,742,00 on July 22, 2010, No. 735,000 B G 6th 79, July 26, 2010, No. 6479,000 on July 49, 2010, 642,000 CH 6th 230 on July 23, 2010, No. 36,490,00473,000 on April 36, 200, 473,000, 004 DIB 2221 on July 35, 2010, 006, 2006, 308 JJ 21th 208.

Article 3 (Term of Lease Contract and Rights and Duties) (1) The term of lease guarantee under this contract shall be ten years after the opening of a commercial building.

(hereinafter omitted) The management and operation of this store shall be carried out by the management company, and the lessor and the lessee shall comply with the “L management and operation rules” established by the management company, and the lessee and the lessee shall faithfully comply with the request of the management company for the management of the building.

Article 4 (Monthly Rent) (1) A lessee shall pay as monthly rent the amount determined in the column for "mark of leased real estate" in Article 1 of this Agreement and the value-added tax thereon to the account designated by the lessor by no later than the 30th day of the relevant month.

(4) A lessee shall pay a monthly rent to a lessor, counted from the opening date of a commercial building, even if he/she fails to rent up until the opening date of the commercial building prescribed in Article 3.

Provided, That if it is impossible to deliver the leased real estate due to a cause not attributable to the lessee, it shall be delivered.

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