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(영문) 창원지방법원통영지원 2019.10.24 2019가단769

건물명도(인도)

Text

1. The defendant

(a) holidaying a 84.9604 square meters of reinforced concrete structure at a macro-si, C apartment D, and the same shall apply;

(b) 3,900,000 won;

Reasons

Basic Facts

On January 24, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as to the apartment as indicated in the order of the Plaintiff (hereinafter “instant apartment”) with the Defendant as to KRW 10,00,000, monthly rent of KRW 300,000 (prepaid on February 10, 2018), and from February 10, 2018 to February 9, 2019 (hereinafter “the instant lease agreement”); the Defendant did not pay any rent at all by the date of the closing of argument; the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds that the rent was delayed on November 19, 2018, etc., either there is no dispute between the parties, or may be recognized by the entries in subparagraphs 1 through 3.

Judgment

According to the above facts, the instant lease contract was terminated around November 19, 2018.

I would like to say.

In regard to this, the defendant argued that he made a separate oral agreement that does not pay rent, unlike the written lease agreement of this case, but there is no evidence to acknowledge this. Therefore, the defendant's above assertion is without merit.

Therefore, the Defendant is obligated to order the Plaintiff to pay damages for delay calculated at each rate of 12% per annum from February 10, 2018 to March 9, 2019, and from March 10, 2019 to the unjust enrichment of 3,90,000 won, as the Plaintiff seeks, 15% per annum from March 10, 2019 to May 31, 2019 (amended by Presidential Decree No. 29768, May 21, 2019), from June 1, 2019 to the date of full payment (the foregoing portion of damages for delay calculated at the rate of 0% per annum 12% per annum from May 21, 2019 to the date of full payment). The portion of damages for delay calculated at the rate of 30% per annum 10,000 from May 21, 2019 to the date of full payment is dismissed.