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(영문) 서울중앙지방법원 2016.10.11 2015가단5381778
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) and C shall jointly and severally pay to the Plaintiff KRW 59,770,700 and the amount from March 30, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a lessee who leased from E a 1/2 of the 1st floor of the Gangnam-gu Seoul F building and 318.78 square meters in total on 2nd floor (hereinafter “instant building”).

Defendant D operated the furniture store in G in the vicinity of the instant building from G to H.

B. On July 24, 2015, the Plaintiff entered into a sub-lease contract (hereinafter “sub-lease contract of this case”) with Defendant B, C, and the instant building from August 4, 2015 to August 3, 2016, setting the deposit amount of KRW 33 million, monthly rent of KRW 21.5 million (the first two months each); and entered into a sub-lease contract (hereinafter “sub-lease contract of this case”).

C. Defendant B and C delayed payment of part of the rent for August and the rent for September. Of the rent for September, Defendant B and C did not pay the rent for the remainder of 5.5 million won, October, and November.

On November 27, 2015, the Plaintiff sent content-certified mail to the Defendants of the notice of the termination of the sub-lease contract.

The Defendants ordered the instant building to the Plaintiff on February 4, 2016.

The sum of the amount equivalent to unpaid rent and rent by the time is KRW 9,150,000.

On the other hand, on December 2015 and January 2016, the Defendants did not pay the total of KRW 1,270,70, and KRW 176,430, and KRW 176,430, and the Plaintiff paid this.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7, 10, 11, 12 (including paper numbers), the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the determination as to the claims against Defendant B and C, the instant sub-lease contract was terminated by the Plaintiff’s notice of termination on the ground of the unpaid rent of Defendant B and C.

In addition, the above Defendants shall pay to the Plaintiff the remainder of KRW 59,70,70,700, which is the sum of the unpaid rent or unjust enrichment equivalent to the unpaid rent up to February 4, 2016, plus KRW 1,270,700,000, which is the sum of the unpaid electricity charges and the unmanned electricity charges, and KRW 1,270,700,000, which is the sum of deposit KRW 33,000,000, and damages for delay.

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