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(영문) 서울동부지방법원 2018.02.14 2016가단137211
차임 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 1,944,00 as well as 20% per annum from February 15, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On November 1, 2010, the Plaintiff leased the instant building to the Defendant on the following terms: (a) the first, second, and third floors of Seoul Songpa-gu and D ground buildings (hereinafter “instant building”).

The monthly rent of KRW 700,000 (payment on the 12th day of each month and interest rate of KRW 20,000), management expenses of KRW 6,000,000 (interest rate of KRW 20% per annum) contract period of KRW 6,000 (interest rate of KRW 20% per annum) from November 1, 2010 to October 31, 2020 (10 years): The adjustment of monthly rent and management expenses shall be made according to the rate of inflation each year after the lapse of five years.

B. On November 3, 2015, the Plaintiff requested the Defendant to increase the monthly rent (from KRW 27,00,000 to KRW 40,220,560 to KRW 13,220,560) but did not reach an agreement.

C. On July 4, 2016, the Plaintiff filed an application for mediation to the effect that the said increased tea was claimed with this court, but did not reach an agreement between the parties.

Since then, the Plaintiff applied for an appraisal on the appropriate rent of the instant building.

An appraiser E appraised the monthly rent of the instant building as KRW 39,903,833 around November 1, 2015.

E. The Defendant has paid the Plaintiff KRW 27,000,000 as the monthly rent originally agreed to.

[Reasons for Recognition] Facts without dispute, significant facts in this court, entry of Gap 2 and 3 evidence, result of the commission of appraisal to appraiser E by this court, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff agreed to set the difference to the surrounding market price after the lapse of five years of the period for claiming the cause of the Plaintiff’s claim, and the difference was 39,903,833 won as of November 1, 2015 when five years have passed since the period for claiming the cause of the claim.

Therefore, the defendant is liable to pay the difference between the rent increased to the plaintiff and 12,903,833 won (39,903,833 won - 27,000,000 won) and damages for delay calculated at the rate of 20% per annum from the day following each payment date (12th day of each month).

The principal of the rent unpaid until June 2016 is 103,230,664 won, and the base damages for delay on June 26, 2016 are 6,817,309 won.

Therefore, it is true.

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