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(영문) 인천지방법원 2018.11.14 2018가단10165

임대료 및 관리비

Text

1. The Defendant shall pay to the Plaintiff KRW 62,717,420 and the interest rate of KRW 15% per annum from May 15, 2018 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 through 4, the following facts are acknowledged: ① on April 7, 2015, the Plaintiff’s second floor C building Nos. 207,50,000, the lease deposit amount of KRW 2,970,000 (including value-added tax), and the lease period of KRW 2,970,000 (including value-added tax) up to April 6, 2017; ② the above lease amount was reduced to KRW 2,750,00 (including value-added tax) up to April 7, 2017; the Defendant was reduced to KRW 52,250,00 for 19 months until April 2017; and the Defendant delayed the lease amount of KRW 62,717,420, including management expenses for 13 months and management expenses for KRW 10,467,420.

According to the above facts, the defendant is obligated to pay the plaintiff the overdue rent and management fee of KRW 62,717,420, and the damages for delay calculated by the rate of 15% per annum from May 15, 2018 to the date of complete payment, which is the day following the delivery date of a copy of the complaint of this case filed by the plaintiff.

2. As to the judgment on the defendant's defense, the defendant asserts that "the plaintiff, around April 2017, retired from office the business that he did not receive monthly rent and management expenses, and the defendant immediately reported the closure of business, so the above overdue rent and management expenses in arrears were extinguished by the plaintiff's declaration of intention of exemption from obligation."

However, there is no evidence to prove that the Plaintiff expressed his/her intent to exempt the Defendant from the obligation for the above overdue rent and management expenses. Therefore, the above assertion by the Defendant is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.