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(영문) 서울동부지방법원 2015.03.17 2014가단55506
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 37.68 million and the interest rate of KRW 20% per annum from December 11, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, from the Defendant, leased the lease deposit amount of the Gwangjin-gu Seoul Special Metropolitan City C and 104 (hereinafter “instant building”) KRW 38 million, the lease term of the building from April 15, 2012 to April 15, 2014, and the management expenses and water supply fees of KRW 20,000 per month. The Plaintiff paid the said lease deposit to the Defendant around that time, and completed the move-in report on the said building on April 17, 2012.

B. After the termination of the instant lease agreement, the Plaintiff delivered the instant building.

C. The Plaintiff paid all management expenses and water supply fees to the Defendant until April 15, 2014.

[Grounds for Recognition: Entry in Evidence Nos. 1 through 7 and the purport of the whole pleadings]

2. Determination

A. According to the above facts, since the lease contract of this case was terminated due to the expiration of the term of validity, the defendant is obligated to pay to the plaintiff 3,7860,000 won less the aggregate of management expenses and water supply fees from May 201 to November 201, 2014, less 1,40,000 won (20,000 won x 7,860,000 won, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 11, 2014 to the day on which the plaintiff delivered the copy of the complaint of this case, as sought by the plaintiff after the delivery of the building of this case.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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