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(영문) 서울중앙지방법원 2018.03.19 2017가단5173964

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Indication of the annex drawings (1), (2), (3), (4), and (4) of the ground floor of the real estate listed in the annex list;

Reasons

1. Basic facts

A. On January 2013, the Plaintiff: (a) around January 201, among the buildings listed in the separate sheet owned by the Defendant.

The lease deposit amount of KRW 24,15,00, monthly rent of KRW 2,240,00 (excluding value-added tax) and the lease period of KRW 1,240,00 (hereinafter “instant lease contract”) was determined and leased on February 1, 2013 through January 31, 2014, and the Defendant operates a restaurant in the instant lease area.

B. Under the instant lease agreement, the Defendant paid the rent, management fee, and late payment charge by the end of each month, but if not paid, the late payment charge calculated by 24% per annum on the overdue charge shall be paid.

In addition, if the Defendant is unable to restore and deliver the leased part of this case within one month after the termination or termination of the contract, it is stipulated to pay the Plaintiff the amount of damages equivalent to twice the rent and management fee from the date of termination of the contract to the date of delivery (hereinafter “liability clause”), and the instant lease agreement was implicitly renewed.

C. The Defendant began to delay the rent and management expenses from May 2016, and on December 28, 2016, the Plaintiff “the Plaintiff is in excess of the lease deposit in excess of KRW 41,485,830,000, the unpaid rent by December 28, 2016. If the overdue rent is not paid in full by January 10, 2017, the Plaintiff’s notification to the effect that it would restore the rent to its original state and deliver it by January 31, 2017, to the effect that the lease contract is terminated as of January 31, 2017.”

B sent the notice to the Defendant, and the notice reached the Defendant on December 29, 2016.

By January 31, 2017, the sum of the rent and management expenses that the Defendant unpaid is KRW 24,583,90,00, and the late payment charges until January 15, 2018 are KRW 7,601,976.

From February 2017 to December 2012, the amount of unjust enrichment and management expenses equivalent to the rent unpaid by the defendant are 26,598,044 won.

The amount of damages from February 1, 2017 to January 15, 2018.