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(영문) 서울중앙지방법원 2017.06.16 2016나66140
건물명도 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On April 15, 2013, the Plaintiff entered into a lease agreement with the Defendant on the 15th whole of the 15th floor (114.97 square meters; hereinafter “instant real estate”) of the building F on the ground of Gangnam-gu Seoul, Seoul (hereinafter “instant real estate”) owned by the Plaintiff, to April 27, 2016, with the lease term from April 28, 2013 to April 27, 2016, with the lease deposit of KRW 100 million, the lease deposit of KRW 100 million, the rent of KRW 8.5 million per month (excluding value-added tax), management expenses, monthly 2,29,400 (excluding value-added tax), and if the Defendant fails to pay the payment amount, such as monthly rent, by the designated date, the lease agreement to pay the overdue interest rate of KRW 20 percent per annum (hereinafter

After concluding the instant lease contract, the Defendant operated the hospital in the instant real estate.

B. On November 19, 2014, the Plaintiff sent to the Defendant a document stating that “In the event that the overdue rent, etc. is not paid by November 30, 2014, the Plaintiff would terminate the instant lease contract on the ground of the overdue rent, etc. by no later than two years,” by content-certified mail, and the said document reached the Defendant on November 20, 2014.

C. On March 1, 2015, the Defendant handed over the instant real estate to the Plaintiff.

As of November 30, 2014 as of November 30, 2014, including rent, management fee, electricity fee, water fee, delay damages, and value added tax (hereinafter referred to as "rent, etc.").

The unpaid amount among the real estate is the total of 154,463,880 won, and the detailed details thereof are as shown in the annexed sheet (from August 2014 to November 2014, the rent, etc. that the Defendant has to pay was reduced as shown in the annexed sheet, according to the agreement between the Plaintiff and the Defendant, by sublet a part of the instant real estate to D Council members, according to the agreement between the Plaintiff and the Defendant.

With respect to monthly rent and management expenses from April 2014 to July 2014, the amount calculated on the basis of the number of days, and the amount calculated on April 2014, the Plaintiff’s monthly rent is KRW 7,93,333, and the management expenses are KRW 2,146,106, the management expenses are KRW 3,399,99, and the management expenses are KRW 919,759.

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