beta
(영문) 춘천지방법원영월지원 2020.07.08 2020가단211

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. 8,22,480 won and this shall be April 2020.

Reasons

Comprehensively taking account of the respective descriptions and arguments as to Gap evidence Nos. 1 through 8, the plaintiff entered into a lease contract (hereinafter "the lease contract in this case") with the defendant around 2018 by setting the deposit of KRW 1,00,000, monthly rent of KRW 300,000 (payment on every 25th day) and the lease term of KRW 25,000 (hereinafter "the lease contract in this case"). The defendant made a move-in report to the building in this case on June 25, 2018; the defendant continued to pay the rent under the lease contract in this case; the plaintiff did not pay the rent in arrears; the plaintiff paid the electricity fee of the building in this case; the gas fee of KRW 91,620; the gas fee of KRW 1,302,560; management fee of KRW 828,300; management fee of KRW 2,22480 on behalf of the defendant; and after the conclusion of the lease contract in this case, the plaintiff was paid KRW 300.

According to the above facts, the lease contract of this case was lawfully terminated due to the defendant's intention of termination through the delivery of a copy of the complaint of this case.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay 6,000,000 won in arrears during the period from July 25, 2018 to March 24, 2020 (i.e., 300,000 won x 20 months) and 2,222,480 won in total, and 8,222,480 won in arrears paid by the Plaintiff, as well as 12% per annum from April 28, 2020 to the day of complete payment, following the day of delivery of a copy of the application for modification of the purport of the instant claim and the cause of the claim, and pay damages for delay at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 25, 2020 to the day of complete delivery of the instant building.

On the other hand, the Plaintiff sought the payment of the overdue rent from May 2018 to March 2020 and the damages for delay calculated from the day following the delivery date of the duplicate of the complaint in this case. However, the Plaintiff’s assertion that exceeds the aforementioned scope is acceptable.