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(영문) 수원지방법원 2019.10.01 2019가단513774
원상복구비지급 청구
Text

1. The Defendant’s KRW 23,472,961 as well as 5% per annum from October 9, 2018 to October 1, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 24, 2015, the Plaintiff entered into a lease contract with the Defendant for the six-story C Sales Facilities of Yeongdeungpo-gu, Young-si (hereinafter “instant real estate”) with a deposit of KRW 15,000,000, monthly rent of KRW 1,200,000, and the lease term of KRW 1,200,000 (hereinafter “instant lease contract”) as of September 2, 2017 (hereinafter “instant lease contract”). In the event the lease contract was terminated at the time of the said contract, the lessee decided to restore the real estate to its original state and return it to the lessor.

B. After receiving the instant real estate from the Plaintiff on September 3, 2015, the Defendant occupied and used the said real estate as well as its subordinate E games, and transferred the instant real estate to the Plaintiff on September 2, 2018 and removed the said real estate.

C. 18,508,861 won are incurred in removing the interior interior interior and facilities installed by the Defendant on the instant real property and restoring them to their original state at the time of completion.

The Defendant paid only rent to the Plaintiff until May 31, 2017. From June 1, 2017 to September 2, 2018, the Defendant did not pay 18,080,000 won (=(1,200,000 won x 15 months) x 2/30) for rent from June 1, 2017 to September 2, 2018. The Defendant did not pay 1,84,100 won for management expenses of the instant real estate.

[Ground of recognition] Facts without dispute, Gap 1, 6 evidence, Eul 1, 2, and 7 evidence, appraiser F's appraisal result, the purport of the whole pleadings

2. Comprehensively taking account of the facts acknowledged earlier, the Defendant is obligated to pay the Plaintiff KRW 18,508,861 for restitution costs, KRW 18,080,00 for overdue rent, KRW 1,884,100 for unpaid management costs, and KRW 38,472,961 for unpaid management costs. If the Plaintiff deducts KRW 15,00,000 for the lease deposit from the said money, the Defendant eventually remains KRW 23,472,961.

The Plaintiff asserts that the Defendant’s unpaid management expenses are KRW 3,231,200, but this is also an amount including all the real estate (E) leased by the Defendant in addition to the instant real estate. Therefore, the part exceeding the amount recognized earlier is rejected.

Therefore, from October 9, 2018, the defendant 23,472,961 won to the plaintiff and the following day after the delivery of the complaint.

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