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(영문) 서울남부지방법원 2017.07.12 2016가단225913
건물명도
Text

1. The Defendant’s KRW 15,56,841 as well as the Plaintiff’s KRW 6% per annum from August 1, 2016 to December 6, 2016.

Reasons

1. Basic facts

A. On July 19, 2008, the Plaintiff engaged in real estate leasing business, etc. leased part of 132.23 square meters from July 19, 2008, among the buildings listed in the attached list (hereinafter “instant building”) 103 square meters on the part of the Plaintiff (hereinafter “instant building”) on the part of 132.23 square meters from July 19, 2008 (the alteration of the number of units to 104 square meters) to the Defendant, but the Defendant shall pay the Plaintiff a deposit deposit of KRW 12,00,000, monthly rent of KRW 1,200,000 (excluding value-added tax, KRW 30,00 per square year, and value-added tax) and entered into a lease agreement to settle actual expenses (excluding value-added tax).

In addition, around March 25, 2013, the Plaintiff and the Defendant entered into a lease agreement with the remaining area of 76 square meters among the 104th floor of the instant building on the same condition as the above lease agreement, and thereafter, the Defendant paid KRW 1,914,00 (excluding value-added tax) to the Plaintiff as monthly rent from around that time.

(hereinafter referred to as “instant lease agreement”, including any additional lease agreement. B.

The lease contract prepared at the time of the instant lease contract contains the following contents:

Article 5 (Monthly Rent) (2) If a lessee fails to pay the rent for the month by the date referred to in the preceding paragraph, he/she shall pay the overdue charge equivalent to 5% of the overdue rent in addition to the overdue charge, and if the lessee fails to pay the rent for the month for at least two months, he/she shall pay the overdue charge equivalent to

Article 6 (Monthly Management Expenses) (2) When the lessee fails to pay the management expenses for the month until the date referred to in the preceding paragraph, 5% of the management expenses for the month shall be added to the late payment charges, and the late payment charges equivalent to 10% of the overdue amount shall be paid in addition to the late payment charges.

C. From November 2009, the Defendant was frequently paying the rent and management fee in excess of the due date for payment.

The plaintiff continued to delay the rent and management expenses of the defendant, and on February 23, 2016, the defendant "2."

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