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(영문) 전주지방법원 군산지원 2018.07.17 2017가단53482
건물인도
Text

1. The defendant shall pay to the plaintiff KRW 36,718,00 and KRW 27,00,000 among them, from June 19, 2018 to the day of full payment.

Reasons

1. Claim concerning the lease agreement

A. (1) The Plaintiff concluded a real estate lease contract with the same content as the No. A. 2 with respect to the 43.74m2 of the 1st floor store among the real estate listed in the attached Table attached hereto, but the Defendant did not pay a deposit of KRW 30,00,000 to the Plaintiff. On May 8, 2017, the Plaintiff notified the Defendant on May 15, 2017 that the said store should be handed over to the Defendant by no later than the 15th of the same month.

Therefore, the Defendant shall deliver the said store to the Plaintiff, and pay the amount calculated by multiplying the 1,300,000 won per month from May 16, 2017 to May 15, 2017, and interest of 4,350,000 won per annum on the said deposit for 29 months from January 15, 2015 to May 15, 2017 (i.e., 30,000,000 x 0.06 x 0.06 x 29/12), 27,00,000 won in arrears for 29 months from January 15, 2015 to May 15, 2017 (i.e., total amount of KRW 37,700,000 - 10,700,000 paid).

(2) As a result of the Defendant’s representative director C’s proposal, the Defendant’s representative director D and employees E had 3D modeling and design techniques and had the establishment of a specialized design firm established by C, around January 2015, the Defendant occupied the second floor of the real estate indicated in the attached Table, and C prepared a lease contract on the first floor and the second floor, and offered a deposit amount of KRW 30,000,000, and in fact, written a lease contract on the same real estate as a lot, with the intention of not receiving a deposit and a difference.

On May 2015, the defendant, like the plaintiff, had re-established the lease contract and the second floor lease contract on the first floor as the plaintiff and the plaintiff, as in the separate lot (No. B. 1-1), and there is no indication on the deposit and rent.

On May 4, 2017, Defendant Representative D delivered the key to the leased building to the Plaintiff and completed the possession and use of the leased building.

B. Determination A.

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