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(영문) 인천지방법원 2020.11.25 2020가단223285
건물인도
Text

1. The Plaintiff, the Defendant Company B, and the Defendant C, listed in the attached Table 1 list, and the attached Table 2.

Reasons

Facts of recognition

A. On December 4, 2017, the Plaintiff leased each real estate listed in the separate sheet No. 1, 20,050,000 as lease deposit, from January 1, 2018 to December 31, 2019, from January 31, 2019, to December 4, 4, 405,500 (the last day of each month, the overdue interest rate of 10% per annum, and the overdue interest rate of 20% per annum per annum for more than two months) to Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. The Defendant Company received each of the above real estate from the Plaintiff around that time, and sub-leaseed the real estate listed in the separate sheet No. 2 to Defendant C with the Plaintiff’s consent on October 30, 2018, and the Defendant Company uses and benefits each of the real estate listed in the separate sheet No. 1, and Defendant C uses and benefits each of them.

C. From April 2019, Defendant Company did not pay rent.

The Plaintiff urged the Defendant Company to pay rent several times, and notified the Defendant Company of the termination of the instant lease agreement without payment until December 15, 2019, and notified the Defendant Company of the termination of the instant lease agreement. On January 7, 2020, the Plaintiff notified the Defendant Company that the instant lease agreement was terminated as of December 31, 2019 on the ground that the rent in arrears was overdue.

On the other hand, the defendant company's unpaid rent or unjust enrichment equivalent to the rent from April 13, 2020 and late payment charge (only the late payment charge for the rent accrued before the termination of the lease contract) are 65,025,300 won in total.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 11 (including branch numbers for which there are branch numbers), the whole purport of the pleading [based], the absence of dispute, each entry of Gap evidence Nos. 1 through 5, and the purport of the whole pleading

2. Determination

A. According to the facts of the above recognition of the claim against the defendant company, the lease contract of this case was lawfully terminated upon the arrival of the defendant's declaration of termination on the ground that the defendant company's failure to pay rent for more than three years was due to the failure to pay rent.

As such, the defendant is against the plaintiff.

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