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(영문) 서울중앙지방법원 2017.08.18 2016가단5102361
부동산인도 등 청구의 소
Text

1. The Defendant’s KRW 14,152,504 as well as the Plaintiff’s annual rate from November 1, 2016 to August 18, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant respectively concluded a lease agreement with the terms of the lease deposit for the second and third floors in Gangnam-gu Seoul building, each of KRW 20,000,000, monthly rent of KRW 3,000,000 (excluding value-added tax), lease term from April 3, 2015 to April 2, 2017, lease deposit amount of KRW 20,000, monthly rent of KRW 1,000,000 for underground floors in the above C building, and the lease term of KRW 1,00,00 for monthly rent of KRW 20,00 for the above C building, respectively.

(In total, each of the above lease agreements is "the instant lease agreement" and the above C building basements, the second floor, and the third floor are "the leased object of this case".

Article 4 of the instant lease agreement provides that the Defendant shall separately bear additional taxes, common electricity charges, water charges, gas charges for heating, environment tax, septic tanks, CCTV usage fees, etc., and the monthly rent, etc. shall be paid by the end of the month, but the Defendant shall bear 2.5% of the arrears of the month. Article 8 of the said contract provides that the Plaintiff may terminate the said contract without the peremptory notice when the Defendant is delinquent for at least two months.

C. The Defendant did not pay the rent from January 2016, and the Plaintiff terminated the instant lease contract by serving a copy of the instant complaint on the ground that the Plaintiff did not pay the rent.

The defendant does not leave the leased object of this case from October 30, 2016 and does not currently possess it.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. As seen earlier, the Defendant did not pay the rent from January 2016. Meanwhile, with respect to the rent from January 2016 to October 2016, the Plaintiff was paid the rent of KRW 1,00,830 on April 29, 2016, KRW 200,300 on May 31, 2016, and KRW 8,694,50 on June 30, 2016.

Interest for a portion of one-month interest on the rent for life and for a monthly rent shall be KRW 160,416 [including value-added tax x 25% per annum.

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