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(영문) 대구지방법원서부지원 2020.08.18 2020가단51850
건물인도
Text

Defendant B delivered the building indicated in the attached list to the Plaintiff, and the Defendants jointly and severally agreed to KRW 24,750,000.

Reasons

On July 19, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) and the building listed in the separate sheet (hereinafter “instant building”) with regard to the lease deposit amounting to KRW 45 million, monthly renting to KRW 4950,000 (including value-added tax), and from September 10, 2017 to September 9, 2022, and Defendant C guaranteed the monthly rent payment obligations of the Defendant Company under the said lease agreement; the Defendant Company occupied and used the instant building from time to time; the Defendant Company did not pay the monthly rent from September 10, 2019 to September 10, 2019; the Plaintiff terminated the instant lease agreement on the grounds of overdue arrears of the Defendant Company; and there is no dispute between the parties to the instant lease agreement and the Plaintiff on September 21, 202.

According to the above facts, since the lease contract of this case was lawfully terminated by the plaintiff's declaration of intention to terminate the lease contract on the ground of delinquency in the rent of the defendant company, the defendant company is obligated to deliver the building of this case to the plaintiff, and the defendant C, which is the joint guarantor of the defendant company and its joint guarantor, jointly and severally liable to pay the unpaid rent of 24,750,000 won and the unpaid rent of 4,950,000 won from February 10, 2020 to the completion date of delivery of the building of this case.

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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