(영문) 창원지방법원 2015.09.16 2014나13499

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(영문) 창원지방법원 2015.09.16 2014나13499

건물명도 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 20, 2013, the Plaintiff leased the instant store to B by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 750,000, and the lease period from June 20, 2013 to June 20, 2015.

However, on December 31, 2013, the Plaintiff reserved the lease deposit by December 31, 2013, and instead, converted the deposit to monthly rent, and was additionally paid 200,000 won. The time of additional payment was determined after the commencement of business.

(hereinafter “instant lease agreement”). B.

From August 20, 2013, Defendant and B commenced business with the trade name “D” at the instant store from August 20, 2013.

At this time, the Plaintiff demanded the Plaintiff to prepare a separate lease agreement by having the Defendant registered as a business operator under his/her name and obtain the Small and Medium Business Administration’s support system for micro enterprises, and prepared a contract with the Plaintiff, lessee, the Defendant, the lease deposit amount of KRW 5,000,000, monthly rent of KRW 400,000, and the term of lease from August 20, 2013 to August 20, 2015 (hereinafter “contract for business registration”).

C. According to the instant lease agreement, the Defendant and B paid KRW 750,000,00, monthly rent from June 20, 2013 to January 20, 2014 to the Plaintiff. From August 20, 2013 to January 20, the Defendant and B paid KRW 200,000, which was the monthly rent to be additionally paid from August 20, 2013 to January 20, 2014.

However, the monthly rent (total of KRW 950,000 for each month) that was to be paid in monthly rent and in addition from February 2014 was not paid, and the electricity fee between February 2014 and April 2014 was overdue.

On March 27, 2014, the Plaintiff notified the termination of the instant lease agreement on the ground that the Defendant and B did not pay the lease deposit, and the Plaintiff did not pay more than two rents.

[Reasons for Recognition] In the absence of dispute, and in the event there are several items in Gap evidence 1 to 8, the purport of the whole pleadings including the number

2. The parties' assertion

A. The plaintiff and the defendant B objection.

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