건물명도
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex;
B. 5,400,000 won and its related thereto on November 30, 2018
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment with no basis for recognition (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);
3. Part 3 of the dismissal
A. The plaintiff asserts that the total amount of 5,400,000 won in arrears is paid at the rate of 20% per annum from the delivery date of the copy of the complaint of this case to the day of complete payment.
B. First of all, even if a lease deposit has been granted to a lessor, the lessor may freely choose whether to cover the overdue rent from the lease deposit while the lease relationship continues.
Therefore, the overdue rent is not naturally deducted from the lease deposit without any separate declaration of intention, such as deduction before the termination of the lease contract, and the lessee cannot refuse to pay the rent on the ground of the existence of the lease deposit (see, e.g., Supreme Court Decision 2016Da211309, Nov. 25, 2016). If the payment date is fixed, the obligation to pay the rent is due, the obligation to pay the rent is due from the date following the due date for the payment, and its obligation and its delay liability are extinguished only when the deposit is deducted from the deposit. Therefore, the occurrence of delay damages on the overdue rent is not at the termination price of the lease contract, unless there are other special circumstances.
(see, e.g., Supreme Court Decision 2009Da39233, Feb. 27, 2014). Moreover, pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the interest rate on delay is 15% per annum.
If the first instance court accepted only a part of the plaintiff's claim and rejected the remainder of claim in a lawsuit seeking monetary payment, the defendant, unless there are special circumstances, shall be deemed reasonable to have asserted as to the existence or scope of the obligation until the judgment of the first instance is rendered. Thus, the damages for delay on the cited amount shall be determined by the judgment of the first instance.