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(영문) 인천지방법원 2020.04.29 2019가단33080
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver (attached Form) real estate listed in the list;

(b)with respect to KRW 2,200,000 and this;

Reasons

1. Indication of claim;

A. On May 3, 2014, the Plaintiff leased the real estate listed in the list (attached Form) to the Defendant (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 2 million, monthly rent of KRW 200,000,000, and the lease term from May 3, 2014 to May 2, 2016.

B. However, the above lease was terminated on May 2, 2016 without impliedly renewed, on the ground that the Defendant was in arrears to reach the two-term rents, but the Defendant occupied the instant real estate until now.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 11, 2019 to December 30, 2019, the delivery date of a copy of the complaint of this case, and to pay damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and ③ as of the base date of calculating unjust enrichment, the Plaintiff is obligated to pay the amount of unjust enrichment calculated at the rate of 2.2 million won per annum from December 11, 2019 to the day of completing delivery of the complaint of this case.

2. Applicable legal provisions: Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act.

3. Under the provisions on statutory interest rate of Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019; enforced June 1, 2019), part of partial dismissal is recognized only as damages for delay calculated at the rate of 12% per annum from December 31, 2019 to the date of full payment after the delivery of a copy of the complaint of this case, and the part in excess of the Plaintiff’s damages for delay is dismissed.

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