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(영문) 인천지방법원 2015.09.02 2015나3228

임대료

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 27,952,700 and its payment from August 20, 2014.

Reasons

1. Determination as to the cause of claim

A. On August 1, 2013, the Plaintiff concluded a temporary re-lease agreement with the Defendant for the term of five months from the date of lease of the temporary site, five months from the date of lease of the temporary site, and five months from the date of lease (five months if the lease exceeds five months) and leased the temporary site to the Defendant. On March 27, 2014, the Defendant returned the temporary site to the Plaintiff on or around March 27, 2014. The Defendant paid only KRW 7,200,700 out of the total of 35,152,70,000, including the temporary site rent, loss, etc. as of the date of return, and unpaid KRW 27,952,70,000, the Defendant was obligated to pay the remainder to the Plaintiff the rent for five months, five months, and the damages for delay, and the Defendant did not lawfully submit the written notice from the date of appeal by public notice, but did not appear in the first instance court by public notice.

Therefore, the Defendant is obligated to pay to the Plaintiff the aforementioned KRW 27,952,700 as well as damages for delay calculated at the rate of 20% per annum from August 20, 2014 to the day of full payment, which is the day following the delivery of the instant complaint.

2. As such, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and the judgment of the court of first instance is revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.