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(영문) 서울동부지방법원 2017.01.17 2015가단47151
사용료
Text

1. The Defendants jointly share the Plaintiff KRW 27.3 million and the interest rate of KRW 15% per annum from August 20, 2016 to the date of full payment.

Reasons

1. Facts of recognition [based on recognition: Fact that there is no dispute, entries in Gap's evidence 1 through 4, and purport of the whole pleadings];

A. On August 11, 2010, the Plaintiff entered into a lease agreement with Defendant B on the condition that the Plaintiff will restore the real estate listed in the separate sheet (hereinafter “instant real estate”) to its original state at the time of delivery, with a deposit of KRW 50 million, monthly rent of KRW 2 million (excluding value-added tax 10%), from September 1, 2010 to August 31, 2012, while the management expenses shall be KRW 200,000,000,000,000,000 from February 201, 2011, and the lessee shall be KRW 40,000,000,000,000,0000,0000 from March 3, 2011.

(hereinafter “instant lease agreement”). B.

Defendant B paid a security deposit to the Plaintiff pursuant to the instant lease agreement, and received the instant real estate. Defendant C, along with Defendant C, installed screen golf facilities, etc. in the instant real estate and operated “D”.

C. After that, the Plaintiff filed a lawsuit against the Defendants for the termination of the instant lease agreement on the grounds that the Defendants did not pay the monthly rent under the instant lease agreement, and for the delivery of the instant real estate and the overdue rent from June 1, 2014 to the delivery date of the instant real estate (Seoul Eastern District Court 2014Kadan28979). On October 21, 2014, the Plaintiff filed a lawsuit claiming for the payment of unjust enrichment equivalent to the rent (Seoul East East East Eastern District Court 2014Kadan28979, etc.), and between the Defendants and the Defendants, “1. The Defendants deliver the instant real estate to the Plaintiff by January 31, 2015. If the Defendants delivered the real estate before January 31, 2015, the date of delivery.

1.31. As soon as the remaining period has been calculated by the rate of KRW 2.1 million per month, real estate shall be handed over at the same time as the payment has been made by the plaintiff; and

If the Defendants paid KRW 12.6 million to the Plaintiff before January 31, 2015, the Plaintiff remains executing the delivery of real estate until July 31, 2015.

2. The plaintiff waives the remaining claims.

'Voluntary adjustment' has been established with the content thereof.

hereinafter referred to as "the conciliation decision of this case"

(d). d.

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