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(영문) 대전지방법원 2016.10.05 2016가단4324

임대료 등

Text

1. The Defendant shall pay to the Plaintiff KRW 10,083,973 and the interest rate of KRW 15% per annum from January 15, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 31, 2014, the Plaintiff and the Defendant concluded a lease agreement with the following terms.

(1) A lessor: A lessee. < Amended by Act No. 1310, Jan. 1, 2015; Act No. 13184, Dec. 31, 2015>

On November 11, 2015, the Defendant continuously delayed the payment of the rent of KRW 5,00,000 to the Plaintiff, and agreed with the Plaintiff as follows.

(1) A lease contract shall be terminated, but it shall be temporarily used at the request of the defendant for the completion of the progress site of the defendant and repayment of the unpaid claim.

(2) Public charges, such as power costs, water supply and sewerage costs, and general repair costs, shall be borne by the defendant.

(3) The defendant's debts, such as rent: 6,551,943 won.

C. The Defendant used the leased object as well after the above agreement, and the monthly rent used until April 14, 2016, and the sum of the electricity and water rates paid by the Plaintiff to KRW 5,684,030.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 3, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition under Paragraph 1, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the annual rate of 15% as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 15, 2016 to the date following the delivery of the complaint, plus KRW 4,39,943, and KRW 5,684,03,03, plus KRW 5,684,030, the sum of monthly rent or public charges after the above agreement, and KRW 10,083,973 ( KRW 4,39,943, KRW 5,684,030) and the damages for delay calculated from January 15, 2016 to the date of full payment.

B. The defendant defense that he paid KRW 5,00,000 to the plaintiff on November 11, 2015. However, since the above agreement was reached and the above repayment was reflected and settled, it cannot be additionally deducted from the amount to be paid by the defendant.

The defendant's defense shall not be accepted.

3. The plaintiff's conclusion is that of this case.