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Reasons
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(영문) 창원지방법원 2018.02.08 2017가단2048
건물명도 등
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1. Defendant C and D shall deliver to the Plaintiffs the real estate listed in the separate sheet.

2. The Defendants are jointly and severally liable.

Reasons

1. Facts of recognition;

A. On April 1, 2014, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, D, and the attached list (hereinafter “instant real estate”) with respect to the real estate (hereinafter “instant real estate”) up to July 31, 2016, with a lease deposit of KRW 100,000,000, and KRW 6,600,000 per rent month (including value-added tax) with respect to the lease term; and (1) in the event of arrears in rent, the Plaintiffs shall be paid damages for delay by 24% per annum; (2) Defendant C, D, to restore the leased object to its original state upon the termination of the lease agreement; and (3) the rent from August 1, 2016 to October 31, 2016, each month was determined as KRW 3,00,000 (including value-added tax).

Defendant E guaranteed the lessee’s obligation under the instant lease agreement.

B. Although the term of the instant lease expires on July 31, 2016, the term of the lease was extended by October 31, 2016 at Defendant C and D’s request, and it was terminated on October 31, 2016.

C. The unpaid rent and delay damages by October 31, 2016 by Defendant C and D are KRW 73,769,929, and the cost incurred for restoration to the original state is KRW 49,00,000.

[Ground of recognition] Facts without dispute, Gap 2, 3 evidence, Gap 5-2, Gap 6 evidence, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the following facts are as follows: ① Defendant C and D, the lessee of the instant lease agreement, deliver the instant real estate; ② Defendant C and D, the joint surety of the instant lease agreement with Defendant C and D, jointly and severally, KRW 159,569,929, which is a joint surety of the instant lease agreement (=73,769,929,929, Nov. 1, 2016 to Nov. 30, 2017 (=6,600,000 x 13 months) minus the remainder of KRW 569,569,929, and the total of KRW 409,969,90,929,979,905,969,979,90,905, and KRW 96,50,905,969,905,969,96,905, and KRW 96,296,95,296,05,005,9)

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