건물명도(인도)
2017Gaz. 5023588 Building Name Map (Delivery)
A
B
August 21, 2017
September 11, 2017
1. The defendant shall pay to the plaintiff 5,157,310 won and 1,600,000 won with 20% interest per annum from November 14, 2016 to 1,60,000 won, and 1,600,000 won with 20% interest per annum from January 14, 2017 to 1,60,000 won.
2. The plaintiff's remaining claims are dismissed.
3. The costs of lawsuit shall be borne by the defendant.
4. Paragraph 1 can be provisionally executed.
The defendant shall pay to the plaintiff 5,157,310 won and 1,600,000 won from November 14, 2016; 1,600,000 won from December 14, 2016; 1,600,000 won from January 14, 2016; and 1,600,00 won from January 14, 2017 to the date of full payment.
On May 2, 2016, the Plaintiff: (a) leased the instant officetel No. 1415 (hereinafter referred to as the “officetel”) of Gangnam-gu Seoul (hereinafter referred to as the “instant officetel”); (b) as the leased deposit amount of KRW 20,00,000; (c) monthly rent of KRW 1,350,000; and (d) from May 14, 2016 to May 17, 2017; (b) the Plaintiff sub-lease the instant officetel to the Defendant with the consent of C; (c) the Plaintiff paid KRW 1,80,000 as the deposit amount of KRW 1,60,000 on May 13, 200; (d) the lessee did not pay the rent of KRW 30,000 per month; (d) the broker fee of KRW 10,300,000 per month; and (e) the Defendant did not pay the rent of KRW 10,3000,16.16.3.
According to the above facts, the defendant is obligated to pay the plaintiff the overdue rent, settlement payment, and delay damages as stipulated in the above sub-lease contract to the plaintiff.
The above sub-lease contract provides that the defendant shall pay damages for delay calculated at the rate of 5% per month for the unpaid rent, because it is scheduled to pay damages for delay, if it is unreasonably excessive, the court may reduce the amount reasonably. In light of the rent amount, etc. stipulated in the above sub-lease contract, it is reasonable to reduce the estimated amount of damages for delay to 20% per annum.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from January 14, 2016 to December 14, 2016 for KRW 1,600,000 for KRW 5,157,310 (= KRW 4,800,000 per month to November 13, 2016) + KRW 357,310 per annum from January 14, 2016 to KRW 1,60,000).
Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and part of it is accepted, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.
Judges in the District of Justice