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(영문) 대구지방법원 영덕지원 2018.10.30 2018가단41
건물명도 및 임대료 청구
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 5,794,600 won and December 9, 2017

Reasons

1. Facts of recognition;

A. On December 9, 2014, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant building”) to the Defendant as KRW 1,800,000, monthly rent of KRW 300,000 (hereinafter “instant lease agreement”) and the main contents of the said agreement are as follows.

Article 1 Purpose of Using Loan Property: Rent under Article 3 from December 9, 2014 to December 8, 2017 (including value-added tax) for the period from December 9, 2014 to December 8, 2017 for the research, experiment, production, and sale of the oceanba industry: The deposit for occupancy under Article 4 shall be the rent for the six-month portion of the occupant enterprise, and the unpaid portion of the rent (user fee, equipment user fee, equipment user fee, public charges, office charges, etc.) imposed by the Plaintiff within three months after the termination of the contract shall be refunded after the deduction.

Article 5 In principle, the rent imposed on the defendant shall be paid in lump sum, and the payment period shall be the 15th day of each month, and the overdue interest rate after the payment period shall be 12% per annum.

In cases falling under any of the following subparagraphs, the plaintiff may terminate the whole or part of the lease property of the defendant at any time:

3. Where he/she fails to pay rents, equipment rents, equipment usage charges, public charges, offices, public charges, etc. imposed by the plaintiff.

B. From June 2016 to June 2016, the Defendant was unable to pay rent, management expenses, etc. (a total of the rent, management expenses, late payment charges, etc. to be paid by the Defendant under the instant lease agreement; hereinafter referred to as “rent, etc.”) under the instant lease agreement from around the date of the conclusion of the instant lease agreement, and when the total amount of overdue rent, etc. reaches a million won, the Plaintiff notified the Defendant of the termination of the instant lease agreement on September 18, 2017, and the said notification reached the Defendant around that time.

On the other hand, the sum of the unpaid rents of the Defendant reaches KRW 5,794,60 as of December 8, 2017.

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