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(영문) 서울동부지방법원 2018.06.20 2018가단101490
사용료
Text

1. As to KRW 98,158,733 and KRW 94,013,70 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 16, 2017 to January 23, 2018.

Reasons

1. Basic facts

A. On September 23, 2013, the Plaintiff and the Defendant concluded a lease agreement on the part of the first floor of the building on B in Gwangju-si, and the rent was KRW 4,400,000 per month.

B. The Defendant used the foregoing real estate from September 23, 2013 to December 3, 2017, but did not pay the rent from February 23, 2016. The sum of the unpaid rent is KRW 94,013,700, and the interest calculated at the annual interest rate of KRW 5% for the unpaid rent by December 15, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. According to the facts found in the above recognition of the obligation to pay rent, the Defendant is obligated to pay the Plaintiff a total of KRW 98,158,733 ( KRW 94,013,700, KRW 4145,03) in arrears and KRW 94,013,70 in arrears as to KRW 94,00 in arrears from December 16, 2017 to January 23, 2018, which is the delivery date of the complaint in this case, 5% per annum as prescribed in the Civil Act, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

B. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff had a share of KRW 1.5 billion, and that the Defendant did not have an obligation to pay the rent since the Defendant agreed to exempt the above rent while settling the claim, but there is no evidence to acknowledge it. Therefore, the Defendant’s assertion is

3. Conclusion, the plaintiff's claim of this case is justified.

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