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(영문) 수원지방법원 2019.06.05 2019가단508611
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

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

(b) 87,060,875 Won and 73,300 among them;

Reasons

1. According to the purport of Gap evidence Nos. 1 through 6 and the whole pleadings, the plaintiffs agreed on April 6, 2016 (hereinafter referred to as "the building of this case") to pay the defendant the lease deposit of KRW 80 million, KRW 3.5 million per month, KRW 3.5 million per month, and the lease period from April 6, 2016 to April 20, 2018 (hereinafter referred to as "the lease contract of this case"). ② The plaintiffs agreed to pay the defendant the delayed rent of KRW 12% per annum from the defendant at the time of the lease of this case; ③ the defendant paid the rent of KRW 30,00,00 after the maturity of the lease contract of this case; ④ the plaintiffs did not pay the rent of KRW 70,00,00,000 per annum, KRW 37,000,000 per annum on September 27, 2016, KRW 2018.

According to the above facts, since the lease contract of this case was terminated on March 7, 2019, the defendant is obligated to deliver the building of this case to the plaintiffs, and pay 87,060,875 won (i.e., 73,300,000 won + 13,760,875 won) and damages for delay at the rate of 12% per annum from February 21, 2019 to the date of full payment. The defendant is obligated to pay 4,235,00 won per month from February 21, 2019 to the completion date of delivery of the building of this case (i.e., 3,850,000 won) and the amount of 7,330,000 won per annum.

2. As to this, the Defendant asserted that the Defendant repaid KRW 20-300,000 each day from February 2, 2019 to the rent, but there is no evidence to acknowledge the above assertion.

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