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(영문) 서울중앙지방법원 2016.09.22 2014가단5307964

건물인도 등

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 29,460,759 and as to Defendant B, from December 17, 2015.

Reasons

1. Basic facts

A. On May 23, 2013, the Plaintiff, among the instant buildings (hereinafter referred to as the “instant building”), leased deposit money of KRW 60,000,00 for the first and second underground floors among the instant buildings, and KRW 4,570,00 for the rent month, and KRW 1,430,00 for the management expenses (short-term, electricity charges, water supply and sewerage charges, septic tanks, environmental improvement charges, and charges for causing traffic congestion, etc., shall be settled according to the actual cost according to the usage; value-added tax on monthly rent and management expenses shall be borne by the lessee); the period from July 1, 2013 to June 30, 2018.

(hereinafter referred to as the "Lease of this case")

Since January 2014, the Defendants delayed to pay the monthly rent. On May 14, 2014, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds that the Defendants failed to pay the monthly rent more than twice, and the said declaration of intent reached the Defendants around that time.

C. On February 3, 2015, the Defendants delivered the first and second underground floors of the instant building to the Plaintiff.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s alleged Defendants are obligated to pay the Plaintiff the total amount of KRW 2,939,221,817,360, the total amount of rent, management fee, or unlawful gains equivalent to the same amount, KRW 83,480,450, the total amount of delay damages, KRW 4,453,616, the total amount of electricity charges, KRW 1,206,570, and KRW 2,939,221, the total amount of electricity charges, KRW 1,817,360, the amount of electricity charges, KRW 1,980,000, and KRW 15,081,000 for the restoration expenses, and KRW 15,000,000 for the damages under Article 13(5) of the Lease Agreement. As such, the Plaintiff’s alleged Defendants are obligated to pay the Plaintiff the deposit deposit and delay damages therefrom.

The detailed details shall be as specified in each item of the attached Table.

B. Although the Plaintiff’s assertion by the Defendants had been made during the period during which the second floor of the instant building was set up, the Defendants delayed such construction. As such, the part of the second floor of the instant building was not used for 15 months from July 1, 2013 to October 2014, the Plaintiff was the second floor of the underground.