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(영문) 서울남부지방법원 2017.02.15 2016가단15659

토지임대료

Text

1. The Defendants jointly share KRW 21,200,000 with respect to the Plaintiff and Defendant B Co., Ltd. from November 1, 2014.

Reasons

1. Facts of recognition;

A. A. Around January 2011, the Defendants leased KRW 1 million of monthly rent without setting the remainder portion of the land Kimpo-si D and E (hereinafter “instant land”) from the Plaintiff verbally from the Plaintiff.

(hereinafter “instant lease agreement”). B.

The Defendants, at the request of the Defendants, used the instant land as a sn beam beam beam, container construction materials, and did not pay monthly rent from January 2013 to December 2013. From January 2014, the monthly rent was reduced to KRW 800,000.

C. Since then, on October 2014, the Defendants unpaid monthly rent until they deliver the said land to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap's statements and images (including each number; hereinafter the same shall apply), witness F's testimony, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, since the Defendants unpaid rent from January 2013 to October 2014, 2014, the Defendants jointly liable to pay rent of 13,200,000 won (=1,00,000 won x 12 months) including surtax from January 2014 to October 2014 (=8,000,000 won per annum 8,000 won including surtax from January 1, 2014 to October 2014 x 10 months) as well as delay damages from the following day to December 15, 2016, each of which is set forth in the Civil Act as follows: (a) Defendant B, the delivery date of a copy of the complaint of this case, from November 1, 2014 to December 15, 2016; and (b) Defendant B, the delivery date of a copy of the complaint of this case, shall be 15% per annum from the date of each of the lawsuit.

3. Judgment on the defendants' assertion

A. Determination as to the time of the delivery of the instant land was made by the Defendants regarding the rental period of the instant lease agreement only for the necessary period. The Defendants sold the sn beam beam accumulated on the instant land around June 23, 2013 and left the site, and thus, thereafter rent thereafter.