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(영문) 서울중앙지방법원 2016.04.20 2015가단5095749
기타(금전)
Text

1. The Defendant paid KRW 38,373,90 to the Plaintiff KRW 19% per annum from May 1, 2010 to March 4, 2015.

Reasons

1. Facts of recognition;

A. The Association of the Seodaemun-gu Market Reconstruction Project (hereinafter referred to as the “Seoul-gu Reconstruction Association”) is a project implementer that implements the new construction of a commercial building “Mail Daily” (hereinafter referred to as the “instant commercial building”) at the size of 773 large 4,144.3 square meters in Seoul-dong, Jung-gu, Seoul-gu, Seoul-gu, which is the land for the Dongdaemun-gu Market and the Seodaemun-gu Market.

On September 12, 2002, the Plaintiff is an execution agent who entered into a comprehensive execution contract with the reconstruction association to acquire the right of lease of the commercial building of this case and sell it in lots.

B. On November 25, 2008, the Plaintiff entered into a lease agreement of this case with the Defendant on the total amount of KRW 82,00,000,000 (i.e., lease deposit amount of KRW 43,500,000, excluding lease deposit of KRW 38,500,000, and value-added tax) with respect to one unit of the second floor underground (exclusive unit of KRW 3.9 square meters) among the store of this case.

Under the lease contract, the plaintiff and the defendant decided to draw a lot after the payment of the balance, and settle the sales price according to the area of the store determined by lot.

The overdue interest rate for the sale price is 19% per annum.

C. On February 24, 2010, the Defendant: (a) opened a second basement B store in the instant commercial building (hereinafter “instant store”); and (b) set up a separate shop in the rental sale contract.

The exclusive use area of the instant store is 4.32 square meters, 9.93 square meters for public use, and 14.25 square meters for total sale area.

On March 19, 2010, upon the increase or decrease in the size of a store determined by the above lot, the Plaintiff settled the sales price excluding the rental deposit to the Defendant according to the exclusive area (3.9m2) (based on the standard of 13.22m2m2) and notified the Defendant of the fact that the rental deposit is settled in accordance with the sale area (based on the standard of 13.22m2m2) as follows: (i) the sales price of the remaining 38,373,90 won (=the last rent of 94,501,400 - the last rent of 56,127,500 won) by April 30, 2010, and notified

A [Ground of Recognition] Facts without dispute, Gap 1 to 3, 5, and 6 (including various numbers), and all pleadings.

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