logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.05 2017가단67439
건물명도 및 임대료 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) order the real estate listed in the separate sheet;

(b) 42,516,660 Won and its 32,000 among them;

Reasons

1. Basic facts

A. On September 25, 2015, the Plaintiff entered into a lease agreement with the Defendant on a condition that the deposit for the lease of real estate listed in the attached list owned by the Plaintiff shall be KRW 100,000,000 for the Defendant, the term of the contract shall be two years from November 1, 2015, and the monthly rent shall be KRW 42,00,000 for one year, and the monthly rent shall be KRW 42,00,000 for the advance payment. If such advance payment is made, the monthly rent shall be KRW 3,50,000, but if such advance payment is made, the monthly rent shall be 4,00,000, and the rent shall be 2% for the unpaid monthly rent shall be paid.

B. The Defendant did not pay in advance the monthly rent of KRW 42,00,000 for one year, and did not pay in advance the monthly rent of KRW 32,00,000 until July 31, 2017, as shown in the attached Form, and accordingly, the Defendant paid in advance the late rent of KRW 10,516,666 based on the rate of KRW 2% per month.

C. On August 10, 2017, a duplicate of the instant complaint containing an expression of intent to terminate the instant lease agreement was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case, which contains the declaration of termination on the ground that the lease contract of this case has reached two years of delay. Accordingly, the defendant is obligated to order the plaintiff to provide real estate stated in the separate sheet, and to pay to the plaintiff the amount equivalent to the monthly rent of 42,516,660 won, which is the sum of the unpaid rent and late payment charges until July 31, 2017, and the unpaid rent of 32,00,000 won from August 11, 2017 to the date of full payment, with 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and to pay damages for delay at the rate of 4,00,000 won per month from August 1, 201 to the date of full payment.

B. As to the Defendant’s assertion, the Defendant accepted the instant real estate with the Defendant’s consent, taking into account the several million won cost.

arrow