beta
(영문) 부산지방법원 2016.08.10 2015가합45058

건물인도 등

Text

1. The Plaintiff:

A. Defendant B’s KRW 114,694,600 as well as 6% per annum from May 1, 2015 to October 8, 2015.

Reasons

1. Determination as to the claim against the defendant B

A. On December 2, 2009, the Plaintiff indicated each of the real estate listed in the separate sheet owned by the Plaintiff between Defendant B and Defendant B (hereinafter “instant real estate”).

(2) As to “Lease deposit: 50 million won, monthly rent: 37 million won (excluding value-added tax), building maintenance expenses: monthly lease period: From December 7, 2009 to December 6, 2015; and matters related to termination: The Plaintiff may terminate the lease contract if Defendant B delays the payment of rent for at least three months. In this case, the agreed interest rate for delay damages on overdue rent shall be 6% per annum. 2) From March 2013 to March 31, 2015, Defendant B concluded a lease agreement with the Plaintiff on the following grounds: (a) on December 31, 2015, the amount in arrears exceeds KRW 10 million; (b) on April 24, 2015, the Plaintiff notified Defendant B of the lease agreement with the Plaintiff on the ground that it was overdue; and (c) on April 24, 2015, the Plaintiff notified Defendant B of the termination of the lease agreement with the Plaintiff on the ground that it was overdue.

3) Therefore, Defendant B is obligated to pay to the Plaintiff the amount calculated by deducting KRW 500,00,000 from the above overdue rent, etc., the amount of KRW 114,694,600, which is the day following the termination date of the above lease agreement, and the annual interest rate of KRW 6% per annum from May 1, 2015 to October 8, 2015, which is the day following the termination date of the above lease agreement with Defendant B, and KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from the next day to the day of full payment. (b) The applicable provisions of Article 208(3)3 of the Civil Procedure Act (by service by public notice).

2. Determination as to the claim against Defendant C

A. On May 5, 2015, the Plaintiff entered into a lease agreement with Defendant C with respect to the instant real estate (hereinafter “instant lease agreement”).