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(영문) 부산지방법원 2016.06.03 2015나12601

임대료

Text

1.The judgment of the first instance, including any claims extended and added in the trial, shall be modified as follows:

The defendant.

Reasons

1. The plaintiff entered into a lease agreement with the defendant on November 15, 2014, which provides that each of the real estate listed in the separate sheet owned by the plaintiff (hereinafter "each of the real estate in this case") shall be rent of 3,50,000 won (payment on January 15), and rent for one year for lease (hereinafter "the lease agreement in this case") without a deposit, and the above real estate shall be delivered to the defendant on the same day. The defendant paid a sum of KRW 3,50,000 to the plaintiff on January 20, 205 and the following day, and did not pay the difference thereafter. The plaintiff sent to the defendant on February 27, 2015, proof that the above lease agreement was terminated due to overdue delay, and it is reasonable to view that the plaintiff terminated the lease agreement in this case on the ground that the plaintiff terminated the lease agreement in this case on the ground that the lease agreement in this case was terminated by the defendant on February 14, 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of delay compensation calculated at the rate of 15% per annum as stipulated by the Special Act on the Promotion, etc. of Legal Proceedings from April 15, 2016 to April 14, 2016, deducting the difference between the rent paid by the Defendant and the rent of 16 million won per month (=3.5 million won x 16 months) and the amount of delay compensation calculated at the rate of 3.5 million won per month from April 15, 2016 to the date of delivery of the application for modification of the claim of this case. The Defendant is obligated to deliver each of the instant real estate to the Plaintiff, and to pay unjust enrichment per annum calculated at the rate of 3.5 million won per month from April 15, 2016 to the date of completion of delivery of each of the said real estate.

2. Judgment on the defendant's defense of set-off

A. The Defendant’s assertion is KRW 280,000,000 against the Customer on behalf of the Plaintiff Company C.