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(영문) 서울남부지방법원 2016.03.25 2014가단53152
상가명도 등
Text

1. The Defendant’s KRW 27,123,367 as well as the Plaintiff’s annual rate from July 1, 2015 to March 25, 2016.

Reasons

1. Basic facts

A. On December 28, 2012, the Plaintiff: (a) KRW 10 million upon entering into a lease deposit agreement with respect to the leased deposit of KRW 267,28.09 square meters (hereinafter “instant store”); and (b) KRW 20 million on March 31, 2013; and (c) the same year with respect to the underground store installed on roads, other than the Defendant and Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant store”).

6. A monthly rent of KRW 30,000,000) shall be paid for the period from January 4, 2013 to January 3, 2016; a monthly rent of KRW 2,50,000 per month (excluding value-added tax; hereinafter the same shall apply) for the period from January 3, 2013 to January 3, 2016; and a monthly rent of KRW 3,50,000 per month for the period from January 3, 201 to three years; and where the period of arrears is less than one month, it shall be paid separately by calculating the rent and the management fee, 12% per annum if the period of arrears is less than one month, 13% per annum if the period of arrears is less than three months but less than three months, 14% per annum, and 15% per annum if the period is more than six months (hereinafter referred to as “instant lease agreement”); and

B) On June 5, 2013, the Plaintiff entered into a contract with the Defendant to suspend KRW 500,000 of the monthly rent from May 5, 2013 to January 3, 2014; and where the instant lease contract is terminated due to the Defendant’s cause attributable to the nonperformance of rental deposit, etc., the Plaintiff shall pay the full amount of the monthly rent deferred and KRW 10,000 as penalty (hereinafter “the first special agreement”).

B. On December 25, 2013, the Defendant submitted to the Plaintiff a letter of statement to pay KRW 10 million out of the remainder of the rental deposit to be paid on or before the 30th of the same month, and paid KRW 10 million to the Plaintiff on December 20, 2013, and paid KRW 10 million on December 23, 201 of the same year, thereby paying the full amount of the lease deposit under the instant lease agreement to the Plaintiff.

C. On January 4, 2014, on condition that the monthly rent and management expenses in arrears with the Defendant are paid until June 30, 2014, the Plaintiff lowers KRW 1 million out of the three million monthly rent for the second year, on condition that the said monthly rent and management expenses are paid by June 30, 2014. However, if the instant lease contract is terminated even during the period due to a cause attributable to the Defendant, the reduced rate of KRW 50,000 per month from May 2013 and the reduced rate of KRW 1 million per month from January 2014.

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