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(영문) 서울서부지방법원 2017.04.27 2016가단211845

손해배상(기)

Text

1. The Defendant’s KRW 17,324,711 as well as the Plaintiff’s annual rate from April 10, 2016 to April 27, 2017.

Reasons

1. Facts of recognition;

A. On May 10, 2012, the Plaintiff: (a) leased the building owned by the Plaintiff (hereinafter “instant building”) to the Defendant as the lease deposit KRW 55,00,000,000; (b) KRW 2,00,000 per month; (c) the lease term from May 10, 2012 to May 10, 2014 (hereinafter “24 months”); and (d) the Plaintiff agreed to be paid damages for delay for the unpaid rent if the Plaintiff is in arrears.

(hereinafter “instant special agreement”). B.

At the time of the conclusion of the instant lease agreement, the Defendant paid KRW 55,00,000 to the Plaintiff, and received delivery from the Plaintiff of the instant building and operated the restaurant at a place, and did not pay the rent from May 10, 2013.

C. Accordingly, the Plaintiff urged the Defendant to pay rent over several occasions, and notified the Defendant that the instant lease contract is terminated on the ground of the delinquency in rent for at least two (2) years on September 16, 2013.

On October 14, 2013, the Plaintiff filed a lawsuit against the Defendant for the delivery of the instant building, the unpaid rent, and the amount of unjust enrichment equivalent to the rent (Seoul District Court Tongwon Branch Branch 2013Kadan10665). On June 17, 2014, the Plaintiff filed a lawsuit against the Defendant for the payment of the remainder of money calculated by subtracting the amount of money calculated by the Plaintiff from 55 million won to 50 million won from the Plaintiff, and the amount of money calculated by deducting the amount of money calculated by the rate of KRW 2,00,000 from May 10, 2013 to the completion date of delivery of the instant building from May 10, 2013 to the date the delivery of the building is completed, and the judgment of the appellate court became final and conclusive on May 10, 2015 to the date the delivery of the building is completed (Supreme Court Decision 200,000 won to 5,000 won).

(hereinafter referred to as "related case") e.g.