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(영문) 청주지방법원제천지원 2020.09.10 2019가합176
건물명도 등
Text

The Defendant, as the Plaintiff

(a) The rate of KRW 93,417,521 and the rate of KRW 60,977,130 among them shall be from June 1, 2020 to the date of full payment;

Reasons

1. Basic facts

A. The Plaintiff shares the buildings listed in the separate sheet C with C (hereinafter “instant real estate”) at the ratio of 1/2 shares, respectively.

Article 1 [Terms of Contracts] In this Lease, the lessee will pay the deposit and monthly rent as follows:

1. Guarantee money: 100,000,000 won;

2. Monthly rent: 8,00,000 won from January 1, 2013 to December 31, 2013, and 8,500,000 won from January 1, 2014 to December 31, 2014 shall be paid in cash by the end of the relevant month;

The interest rate on the overdue rent shall be 20% per annum.

Article 2 [Duration] A lessor shall deliver the above real estate to the lessee by January 1, 2013 in a condition that the lessor can use and benefit from the said real estate for the purpose of lease, and the term of lease shall be from the date of delivery until December 31, 2014 (24 months).

Article 6 [Public Charges, Taxes, etc.] This Agreement refers to the lessor’s consent that the present lessee succeeds from the former lessee, and the present lessee is liable to pay unpaid taxes and public charges. Taxes and public charges (such as electricity, water supply charges, road occupation charges, environmental-related charges, temporary charges, public charges, etc.) related to the lease shall be borne by the lessee.

Article 9 [Value-Added Tax, etc.] Current facilities shall be leased, and 10% of rental fees shall be borne by the lessee.

B. On April 24, 2013, the Plaintiff and C entered into a contract to lease the instant real estate to the Defendant with the following content (hereinafter “instant lease contract”), and the Defendant paid the Plaintiff and C the amount equivalent to one-half of the lease deposit and the rent, respectively.

C. The instant lease agreement was explicitly renewed even after the termination of the lease term, and the Plaintiff, Defendant, and C agreed to increase the amount of KRW 9,000,000 from January 1, 2016.

Of the rent to be paid to the Plaintiff, the Defendant shall pay to the Plaintiff KRW 5,900,00 in 2013, KRW 10,050,00 in 2014, KRW 11,327,130 in 2015, KRW 50,00 in 200 in 2016, and KRW 6,605 in 2016.

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