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(영문) 서울중앙지방법원 2015.07.22 2014가단5303771

부당이득금반환

Text

1. The Defendant’s KRW 20,632,33 as well as the Plaintiff’s annual rate of KRW 5% from January 5, 2005 to November 20, 2014.

Reasons

1. Facts of recognition;

A. On January 4, 2004, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and Gangnam-gu Seoul Metropolitan Government D No. 101 (hereinafter “instant building”) with a deposit of KRW 15,000,000 (which was entirely deducted from the overdue rent at the time of the previous lease agreement entered into between the Plaintiff and the Defendant’s mother E), monthly rent of KRW 1,700,000 (Additional rent), and the period from January 4, 2004 to January 4, 2005, and delivered it.

B. The Defendant did not pay at all the monthly rent after the instant lease agreement. On April 3, 2004, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds that the monthly rent for more than two months was overdue (Seoul Central District Court 2004Da244175), and on October 12, 2004, sentenced the Defendant to the judgment that “the Defendant delivered the instant building to the Plaintiff, and paid the money calculated at the rate of KRW 1,870,000 per month from February 4, 2004 to the completion of delivery of the instant building” and the said judgment became final and conclusive as is.

C. Based on the above final judgment, the Plaintiff completed the delivery execution of the instant building on January 4, 2005, and filed the instant lawsuit for the interruption of extinctive prescription of the said final judgment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above final judgment, the defendant is obligated to pay to the plaintiff 20,632,33 won [20,633 won [1,870,00 won x 11 month] (1,870,000 won ±30 days ± 30 days), and damages for delay calculated annually by 20% per annum as stipulated in the Civil Act from January 5, 2005 until November 20, 2014, the delivery date of a copy of the complaint of this case, from February 4, 2004 to January 4, 2005, and from the next day to the day of complete payment, 5% per annum as stipulated in the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings.