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(영문) 서울중앙지방법원 2018.07.03 2017가단5241737

건물명도(인도)

Text

1. As to KRW 33,30,553 and KRW 13,512,90 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 7, 2017 to January 2, 2018.

Reasons

1. In fact, the following facts do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 1-5, evidence 6-1, and evidence 6-2.

On November 6, 2017, the Plaintiff entered into a lease agreement with the Defendant on November 6, 2017, providing the lease deposit of KRW 100 million, KRW 6.6 million per month, monthly rent of KRW 6.6 million (including value-added tax, payment on the 6th day of each month, and later payment), management fee of KRW 500,000,000 from November 6, 2017 to November 5, 2018.

B. On the date of the contract, the Plaintiff received the down payment of KRW 10 million from the Defendant, and the remainder of KRW 90 million was paid until November 30, 2017, and delivered the instant building to the Defendant on the date of the contract.

C. Unless otherwise agreed, the original and the Defendant determined that the damages should be compensated for in the event of nonperformance in connection with the instant lease agreement, based on the compensation for damages amounting to KRW 10 million, unless otherwise agreed.

(Article VII). (d)

The Defendant removed on February 8, 2018 while receiving the instant building from the hospital and making use of and benefit from the building as hospital.

Meanwhile, the Defendant did not pay the remainder of KRW 90 million among the lease deposit, and did not pay KRW 7.1 million, including the management fee of KRW 500,000,000,000 until December 6, 2017.

E. Accordingly, on January 2, 2018, the Plaintiff served on the Defendant a duplicate of the instant complaint containing an expression of intent to cancel the instant lease agreement.

(f) The sum of rents that the Defendant has not paid to the Plaintiff is KRW 13,512,903 (=6,412,903 won (=710,000 won + KRW 710,000 x 28/31 days), and November 6, 2017 to January 2, 2018). The sum of rents, management fees, and electricity taxes, etc., from January 3, 2018 to February 8, 2018, from January 3, 2018 to January 5, 2018, is KRW 9,817,650 [=687,096 won for rent and management expenses from January 3, 2018 to January 5, 2018 x 3/3100 days x 6810,000 won for management expenses from January 28, 2018 to March 2015.