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(영문) 서울중앙지방법원 2016.05.12 2015가단183849
건물명도 및 임료 등
Text

1. The defendant shall calculate the amount of KRW 5,740,00 to the plaintiff at the rate of 15% per annum from April 3, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the respective descriptions in the evidence Nos. 1 through 3 and the purport of the entire pleadings as to the cause of the claim, the Plaintiff, on April 3, 2015, agreed to terminate the lease contract if the Plaintiff leases the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) with a deposit of KRW 20 million, monthly rent of KRW 2.6 million, and the lease term of KRW 2.6 million, from April 10, 2015 to April 9, 2017, and the lease term of two or more rents are overdue, and the Defendant delayed payment from the first monthly rent, and there is no counter-proof that the Defendant delivered the instant real estate to the Plaintiff on January 31, 2016.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the overdue interest of KRW 5,740,00,00, remaining after deducting the deposit, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 3, 2016 to the date of full payment.

2. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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