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(영문) 서울남부지방법원 2015.09.24 2015가단26072
관리비등
Text

1. The Defendant’s KRW 25,316,673 as well as the Plaintiff’s KRW 18% per annum from February 7, 2015 to April 23, 2015.

Reasons

1. Facts of recognition;

A. On December 24, 2010, the Defendant leased from the Plaintiff the Guro-gu Seoul Metropolitan Government 52m2 (hereinafter “instant store”) 5m2 under the following conditions:

- Deposit 30 million won - From January 31, 201 to January 30, 2013 - From January 31, 2011 to January 30, 2013 - Monthly rent of 2.5 million won (excluding value-added tax) - Monthly management expenses of 80,000 won (excluding value-added tax), on condition that the expenses for electricity, gas, water supply and specific garbage treatment are separately imposed - Annual overdue interest rate of 18% on monthly rent and management expenses.

B. The Plaintiff acquired the ownership of the building B that included the instant store on April 30, 2008, but the auction procedure commenced on the said building and on June 24, 2014, Nonparty C acquired the ownership and lost the ownership, thereby completing the lease agreement between the Plaintiff and the Defendant with respect to the instant store.

C. From May 10, 201 to June 23, 2014, the Defendant did not pay the monthly rent and management expenses, and the sum of KRW 42,915,401 to June 23, 2014 under the lease agreement was overdue, and the agreed arrears amounting to KRW 12,401,272 until February 6, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 and 2, the purport of the whole pleadings

2. Determination

A. As to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 30 million remaining after deducting deposit of KRW 35,316,673 from the monthly rent, management fee, and late payment charge of KRW 55,316,673, as the Plaintiff seeks, and to pay damages for delay calculated at the rate of 18% per annum from February 7, 2015 to April 23, 2015, the duplicate of the instant complaint was served on the Defendant from February 7, 2015, and the amount of delay damages calculated at the rate of 20% per annum as stipulated in the Act on Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. As to the defendant's defense, the plaintiff purchased the land and the building site B on the ground of market reconstruction, but the plaintiff failed to meet the interest cost due to the unreasonable loan, and eventually became an auction.

r. r.

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