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(영문) 춘천지방법원 2017.11.28 2016가단8117

건물명도 등

Text

1. The Defendant’s KRW 1980,00 and the Plaintiff’s 5% per annum from August 4, 2017 to October 23, 2017.

Reasons

1. Facts of recognition;

A. On September 25, 2013, the Plaintiff leased KRW 2,000,00,000 per deposit, monthly rent of KRW 2,50,000,000 to the Defendant, among buildings located in Chuncheon-si, the second floor Nos. 203 and 25,000 square meters (hereinafter “instant building”) among the buildings located in Chuncheon-si, and received KRW 2,00,000 from the Defendant.

B. On December 26, 2016, the Plaintiff filed the instant lawsuit against the Defendant seeking delivery of the instant building and unpaid monthly taxes, as the Defendant continued to delay the monthly rent.

C. On July 18, 2017, the Defendant served the instant complaint and delivered the instant building to the Plaintiff on August 3, 2017.

The Defendant did not pay to the Plaintiff KRW 3,750,00 (=250,00 won x 15 months) and KRW 2,30,000 (=5,000 won x 46 months) for the aggregate of the water rates from October 2013 to July 2017.

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 4 and 8, the purport of the whole pleadings】

2. According to the above facts of determination, the Defendant is obligated to pay 1.98 million won (i.e., unpaid monthly water rate of KRW 3.75 million - KRW 2.3 million) from August 4, 2017, which is the day following the delivery date of the instant building sought by the Plaintiff, to October 23, 2017, which is the delivery date of the application for change of the purport of the instant claim and the cause of the claim (the Plaintiff is the delivery date of the complaint) from August 4, 2017, which is the day before August 4, 2017. As seen earlier, the delivery date of the complaint is the delivery date on July 18, 2017, which is the day after August 4, 2017, and the Plaintiff is obliged to pay 5% per annum from the day following the date stipulated by the Civil Act to the day of complete payment, etc.

The defendant, at the time of the lease agreement, requested the plaintiff to replace the air conditioners located in the building of this case due to the breakdown. However, the plaintiff is directly the defendant, and the amount of KRW 300,000 shall be the defendant.