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(영문) 서울중앙지방법원 2015.06.23 2013가단192641

건물명도

Text

1. The defendant shall pay 10,300,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On October 19, 201, the Defendant leased the Seongbuk-gu Seoul Metropolitan Government building of the second floor (hereinafter “the instant building”) from the Plaintiff as “ deposit KRW 20,000,000, monthly rent of KRW 600,000, and the period from November 15, 2011 to November 15, 2013.” However, the Defendant agreed with the Plaintiff to adjust the said deposit amount of KRW 10,000,000 as monthly rent instead of paying only KRW 10,000 to the Plaintiff.

B. On October 16, 2014, the Defendant delivered the instant building to the Plaintiff. From May 15, 2015, the Defendant did not pay KRW 20,300,000 for the 29-month period from May 15, 2015 to the time of ordering the said building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining KRW 10,300,000 after deducting the deposit amount of KRW 10,000,000, which the plaintiff recognizes to be deducted by himself from the rent of KRW 20,300,00 in arrears.

3. Conclusion, the plaintiff's claim is justified.