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(영문) 서울동부지방법원 2015.09.17 2015가합100370

건물명도

Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

(b) KRW 313,301,621 and among them 234,619.

Reasons

1. On April 16, 2013, the Plaintiffs indicated that they leased real estate listed in the separate sheet to Defendant and E, KRW 20 million, KRW 17.6 million per month, and KRW 17.6 million per month (including value-added tax, the last day of each month), and the period from April 16, 2013 to April 15, 2016, while the management expenses (including value-added tax, and KRW 3,729,00 per month) and public charges (such as electricity and water charges) were to be borne by the Defendant’s side, and the rate of delay damages incurred by delay, such as rental fees, was set at 24% per annum.

However, the defendant's side did not pay the rent for 11 months until December 2014, and the total amount of damages for delay was 513,301,621 won in total, and the plaintiffs terminated the above lease contract.

Therefore, the defendant shall jointly and severally with E (Article 654 and Article 616 of the Civil Act) ① deliver the real estate listed in the separate sheet to the plaintiffs, ② pay the remaining KRW 313,301,621 after deducting KRW 200 million from the aggregate of KRW 513,301,621, and delay damages from the date following the delivery of the copy of the complaint of this case to KRW 234,619,00 among them, and ③ the overdue rent and management expenses (=management expenses of KRW 21,329,000, KRW 3,729,000,000) or the amount of unjust enrichment equivalent to the same amount from January 2015.