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(영문) 서울남부지방법원 2018.01.12 2016가단259473

부당이득금

Text

1. The Defendant: KRW 32,897,479 for the Plaintiff and KRW 5% per annum from December 1, 2016 to January 12, 2018; and

Reasons

1. Basic facts

A. On February 21, 201, the Plaintiff, as a lessee, entered into a lease agreement with the Defendant, a lessor, on the sixth floor of the commercial building in Gangseo-gu Seoul Metropolitan Government (hereinafter “the instant building”), and paid KRW 1.7 million monthly rent of KRW 40 million (excluding value-added tax), and used the instant building as its workplace from March 14, 201 to March 25, 2016.

B. The lease contract of this case is stipulated as follows:

◆ 임대차목적물의 표시 (전략) 6층 전부 임대면적; 489㎡(약 148평) 제5조 [관리비 및 납부방법] ① 관리비는 평당 금 사천원정(부가치세 별도임)으로 정한다.

Management expenses means the ordinary repair expenses of a building and the cleaning service expenses.

Various charges (such as environmental improvement charges, fees for occupancy and use of roads, etc.) imposed for business purposes shall not be included in the administrative expenses, and the corresponding portion shall be calculated by "A" (a lessee) to "B" and imposed on "B".

C. In addition to paying rent of KRW 1870,00 per month (including value-added tax) to the Defendant during the lease period, the Plaintiff paid management fees of KRW 651,200 per month calculated by 148 x 4,400 (including value-added tax).

In addition, the Plaintiff paid the Defendant the electricity charges, water supply and sewerage charges, environmental improvement charges, and septic tank costs separately.

E. The Defendant imposed the Plaintiff the sum of the charges for causing traffic congestion [2,072,64 won = 357,864 won (the year 2011) 373,848 won (the year 2012) 376,956 won (the year 2013) (the year 2014) 387,020 won (the year 2015) 200,000 won (the year 2016)] each year, and the Plaintiff paid the said amount to the Plaintiff.

F. On March 25, 2016, at the time of returning the lease deposit to the Plaintiff, the Defendant returned the remainder after deducting one million won in the name of the floor restoration expenses.

G. On the other hand, in the building ledger, the size of the building of this case is 343.6 square meters.