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(영문) 광주지방법원 2019.09.18 2018가단24184
건물명도 등
Text

1. The defendant shall pay 26,30,000 won to the plaintiff and 12% per annum from June 6, 2019 to the day of complete payment.

Reasons

1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 2 to 4:

On January 19, 2018, the Plaintiff leased a factory building and site for Gwangju Mine-gu C (hereinafter referred to as “instant real estate”) to the Defendant, with a deposit of KRW 10 million, monthly rent of KRW 3 million (excluding value-added tax), and the period from April 1, 2018 to March 31, 2019.

(hereinafter “instant lease agreement”). B.

On October 18, 2018, the Defendant did not pay a rent for six months at all while taking over the instant real estate, and the Plaintiff submitted the instant complaint containing the content that the instant lease contract is terminated on the ground of the following two or more occasions at the court. The copy of the complaint reached the Defendant on October 29, 2018.

C. On February 2019, the Defendant delivered the instant real estate to the Plaintiff.

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the monthly rent of unpaid agreements from April 1, 2018 to October 29, 2019, which is the date of termination of the instant lease agreement, and the amount equivalent to the monthly rent from the date of termination to February 2019, which is from the date of delivery of the instant real estate, to February 2019. Accordingly, according to the Plaintiff’s mutual aid, the amount of KRW 36.3 million, which is the aggregate of the monthly rent or the monthly unjust enrichment equivalent to the monthly rent from April 1, 2018 to February 2019 (=330 million x 11 months).

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from June 6, 2019 to the day of complete payment, which is the day following the day of delivery of a copy of the claim of this case and the written application for modification of the cause of claim, as sought by the Plaintiff.

Legal interest rates under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

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