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Reasons
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(영문) 수원지방법원안양지원 2020.11.17 2019가단113657
건물명도(인도)
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 3,750,000 and the interest rate from October 20, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 7, 2018, the Plaintiff, to the Defendants, specified the attached building (hereinafter “instant building”) as a lease deposit of KRW 30,00,00,000, monthly rent of KRW 3,850,000 (including value-added tax, monthly payment of KRW 21,00,000, monthly rent of KRW 3,300,00, including value-added tax, and the monthly rent of three months, which comes first after the conclusion of a lease contract, as a lease contract (hereinafter “instant lease contract”) from December 21, 2018 to December 20, 2020.

Article 4 of the Agreement on the Lease of this case signed and sealed by the Plaintiff and the Defendants provides that “If the overdue rent of the lessee (the Defendant) reaches the amount of two rents, the lessor (the Plaintiff) may terminate this Agreement.”

B. The Defendants paid KRW 30,000,000 to the Plaintiff following the conclusion of the instant lease agreement.

C. The Defendants delivered the instant building to the Plaintiff around February 21, 2020, prior to the expiration date of the lease term of the instant lease agreement.

The Defendants paid the Plaintiff KRW 18,50,000,00 on January 25, 2019, KRW 2,000,000 on May 9, 2019, KRW 200,000 on July 8, 2019, KRW 3,850,000 on September 8, 2019, KRW 3,850,000 on October 7, 2019, and KRW 18,50,00,000 on November 15, 200 on the aggregate of KRW 3,30,000,000 on November 15, 2019 (= KRW 3,00,000,000 on KRW 2,00,000,000 on KRW 3,00,000,00 on KRW 30,50,005,038,005).

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants did not pay the remainder of KRW 52,250,000 (= KRW 3,300,000 x 3,850,000 x 11 month x 3,500,000 and deposit KRW 30,500,000 (= KRW 18,500,000) deducting the remainder of KRW 3,750,000 from December 21, 2018 to February 21, 2020 (=52,50,000,0000, KRW 30,000).

Therefore, the Defendants are jointly and severally liable to the Plaintiff.

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