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(영문) 대전지방법원천안지원 2016.07.21 2016가단130

건물인도

Text

1. As to the Plaintiff’s KRW 16,767,880 and KRW 16,220,00 among them, the Defendant shall pay to the Plaintiff KRW 547,880 from January 15, 2016.

Reasons

1. Basic facts

A. On February 22, 2012, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 800,000 (payment on February 25, 2012) and the lease term from February 25, 2012 to February 24, 2014.

(hereinafter “instant lease agreement”). B.

After the conclusion of the instant lease agreement, the Defendant did not pay the rent for 33 months until January 24, 2016.

C. Accordingly, as stipulated in the instant lease agreement, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement on the grounds that the Plaintiff was not paid at least two occasions, by serving a duplicate of the instant complaint.

On the other hand, the Defendant issued an order to the Plaintiff on March 7, 2016, when the instant lawsuit was pending, around March 7, 2016. At the time of the order, the Defendant did not pay 350,880 won for the management expenses incurred from February 1, 2016 to March 4, 2016, and did not pay 197,000 won for the repair expenses of the relevant facilities (10,000 won for the kitchen glass, 20,000 won for the kitchen glass, and 50,000 won for the kitchen pipeline cover, and 50,000 won for the kitchen pipeline cover, and 20,000 won for the Plaintiff’s door-to door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. Determination as to the claim for overdue rent, etc. (1) calculated ① The rent of KRW 26,400,000 per month from January 24, 2016 (i.e., the rent of KRW 33 x 800,000) from January 25, 2016 to March 7, 2016, or damages equivalent to the rent of KRW 1,120,00 (=the rent of KRW 800,000 per month from February 24, 2016 to March 7, 2016) (i.e., the rent of KRW 320,000,000 for damages from February 25, 2016 to March 7, 2016 to KRW 10,000, KRW 1000, KRW 2000, KRW 1000, KRW 2000, KRW 16,3000, KRW 2016).