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(영문) 청주지방법원제천지원 2020.02.19 2019가단2076

점포인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 5,600,000 and its interest shall be October 2019.

Reasons

1. Basic facts

A. On May 27, 2017, the Plaintiff entered into a lease agreement with the Defendant on the condition that the instant building was leased to the Defendant as “10,000,000 won for lease deposit, KRW 800,000 per month for rent, and KRW 800,000 for lease term from May 27, 2017 to May 27, 2020” (hereinafter “instant contract”), and around that time, the Plaintiff handed over the instant building to the Defendant.

B. As of December 27, 2019, the Plaintiff was not paid KRW 5,600,000 in total among the rent under the instant contract by the Defendant.

C. The Plaintiff terminated the instant contract by serving a copy of the instant complaint on the grounds of the delinquency in rent for more than two years.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the contract of this case was lawfully terminated due to the delay in rent for more than two years by the defendant.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay damages for delay calculated at the rate of 12% per annum from October 30, 2019 to the day following the delivery date of a copy of the instant complaint, as sought by the Plaintiff, as well as to pay damages for delay calculated at the rate of 800,000 won per month from December 28, 2019 to the day of complete delivery of the instant building, and to pay unjust enrichment equivalent to the rent calculated at the rate of 80,000 won per month from December 28, 2019 to the day of complete delivery of the instant building.

3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.