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(영문) 서울남부지방법원 2015.07.24 2015가단6092

차임 등

Text

1. As to the Plaintiff, the Defendant’s KRW 22,902,602, and KRW 14,652,602 among them, KRW 8,250,000 from December 25, 2014.

Reasons

1. Facts of recognition;

A. On July 9, 2014, the Plaintiff agreed and leased to the Defendant, Gangnam-gu, Seoul, the second floor of Samsungwon building 540, 396.70 square meters as follows:

The contract term: From July 1, 2014 to September 31, 2014, the monthly rent of KRW 5,340,000, management expenses, and the rent of KRW 2,160,00 (each additional tax separately) and management expenses shall be paid by the end of each month, and if the payment is delayed, the plaintiff may claim damages for delay calculated at the rate of 20% per annum.

B. From October 1, 2014, the Defendant paid KRW 2,200,00 to the Plaintiff for rent and management expenses (hereinafter “rent, etc.”) on December 24, 2014. On December 31, 2014, the Defendant handed over the leased object to the Plaintiff.

[Grounds for recognition] The descriptions of Gap's evidence 3, Gap's evidence 5, and 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the unpaid rent, etc. from October 1, 2014 to December 31, 2014, and damages for delay therefrom. The foregoing facts are as follows, if calculating the damages for delay incurred until December 24, 2014 with respect to the rent, etc. in October and November 2014.

Damages for late payment of KRW 8,250,00 (including value-added tax) from November 1, 2014 to December 24, 2014 (i.e., 8,250,000 x 244,109 won for late payment (i.e., 20% x 20% x 54 days/365 days x less than won hereinafter the same shall apply) from November 1, 2014 to December 24, 2014, for late payment damages of KRW 108,493 won for late payment from December 1, 2014 to December 24, 2014 (i.e., 8,250,000 x 20% x 24/365 days)

B. 2,200,00 won paid by the Defendant on December 24, 2014 is appropriated in the order of delay damages and principal, barring any special circumstance, 352,602 won (i.e., KRW 244,109, KRW 108,493). Thus, if the remainder amount is appropriated in advance for 1,847,398 won (i.e., KRW 2,200, KRW 352,600 - KRW 352,602). The remainder amount is appropriated for 6,402,602,02 won (= KRW 8,250,000 - KRW 1,847,398). The foregoing amount is appropriated for part of the monthly rent, etc. for October 2014, which first became due, and the rent, etc. for October 2014 (i.e., KRW 8,250,000).

(c).