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(영문) 인천지방법원 2015.05.29 2014가합2095 (1)
임대료 등
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 85,694,628 as well as 20% per annum from March 8, 2014 to the date of complete payment.

Reasons

1. Determination as to the claim against the defendant B

A. Facts of recognition 1) D is as follows: on October 1, 2007, each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “102 and 103”) between Defendant B and Defendant B.

A) B entered into a lease contract with the same contents as indicated in Table 1 below, and around that time, each of the above real estate was delivered to Defendant B. [Attachment 1] From October 1, 2007 to September 30, 2009, the term of lease of deposit deposit (excluding value-added tax) special agreement, 50,000,000 each month from October 1, 2007 to September 30, 2009, the management expenses of KRW 1300 per square year, the basic management expenses of KRW 1300 per square year, and the water and electricity charges of KRW 102 and 103, and around January 2009, D delegated the Plaintiff with the right to collect lease and management expenses of KRW 102 and 103, and on April 13, 2009, the registration of the entire co-owner’s right to claim transfer of all shares was completed.

3) Around January 2009, the Plaintiff entered into an amendment agreement with Defendant B and the lessor with the content that the said lease was implicitly renewed, and the said lease was terminated on September 30, 2013, and the rent and management fee from June 201 to September 2013 for 102 and 103 are as shown in the separate sheet No. 4. The Plaintiff was paid KRW 99,543,540 as rent and management fee from Defendant B until March 6, 2013.

[Reasons for Recognition] Confession (Article 150(3) and (1) of the Civil Procedure Act)

B. According to the above facts of determination, Defendant B is obligated to pay to the Plaintiff the unpaid rent and management expenses from June 201 to September 2013, 201, KRW 85,694,628 = (i) unpaid rent and management expenses 235,238,168 - KRW 9,543,540 - 50,000 on the refund claim of lease deposit - and damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 8, 2014 to the date of full payment, which is obvious that the duplicate of the complaint of this case was delivered to Defendant B.

2. Determination as to the claim against Defendant C

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