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(영문) 대전지방법원서산지원 2017.12.13 2017가단3958
임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 36,271,509 and the interest rate of KRW 15% per annum from August 17, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 20, 201, the Plaintiff and the Defendant entered into a building management contract with the Defendant to assign the Defendant with the authority to lease and manage the instant building and to pay the rent to the Defendant regarding the multi-family house with the third floor above the ground C in Seosan City (hereinafter “instant building”).

B. On January 20, 2015, the Plaintiff entered into a building management contract with the Defendant to partially modify the terms and conditions of the said management contract (hereinafter “instant management contract”).

(1) Annual rents of 30 million won (20 million won shall be paid until March 31, 2015, and 12 million won until September 30, 2015), and (2) The management period: From December 20, 2014 to December 20, 2015

C. The Plaintiff and the Defendant agreed to terminate the instant management contract as of May 7, 2015, and at the time of the termination of the said agreement, the current lease status of the instant building is as shown in the annexed lease status table, and the Defendant received rent from the lessee in the annexed lease status table to the end of each lease period.

On the other hand, the Defendant, on January 20, 2015, paid to the Plaintiff the unpaid rent of 15 million won until March 31, 2015.

[Reasons for Recognition] Each entry of Gap evidence Nos. 2 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above recognition of the rent, the Defendant is obligated to pay the Plaintiff the rent of KRW 12,186,269 (=15,00,000 +12,186,269 + (12,186,269 + (15,000 +15,000 +12,186,269 +6,269) plus the total of the rent from December 20, 2014 to May 7, 2015, which is the end of the instant building management contract.

B. According to the above facts of recognition of unjust enrichment, the Defendant is obligated to return to the Plaintiff the remainder of the lease fees received by the Defendant from May 8, 2015, the following day following the termination date of the instant building management contract, to each end of the lease period from the lessee in the attached Form No. 5,085,240, in unjust enrichment.

C. Sub-decisions.

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