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(영문) 서울중앙지방법원 2016.09.23 2016나32192
건물인도 등
Text

1. The portion of the judgment of the court of first instance against the defendant exceeding the amount ordered to be paid below.

Reasons

1. Determination on the part demanding overdue rent by the expiration date of the building name map or the term of lease

(a) The following facts are not disputed between the Parties:

① On January 1, 201, the Plaintiff (leased) concluded a lease agreement with the Defendant (Lessee) on a deposit of KRW 149 square meters for the lease deposit of KRW 3,696,00 per month, monthly rent of KRW 3,69,00, and from January 1, 201 to December 31, 2014, with regard to the lease of KRW 149 square meters among the underground floors of the building indicated in the attached Table 1 as indicated in the attached Table 1 (hereinafter “instant lease agreement”), and agreed to terminate the said lease if the Defendant fails to pay the rent for at least two months.

② Since September 2014, the Defendant occupied and used the instant store under the instant lease agreement, and failed to pay rent from around September 2014, the Plaintiff notified the Defendant of his/her intention to terminate the lease agreement and to refuse to renew the lease agreement on the grounds of overdue rent.

③ The sum of the rent in arrears by the Defendant until December 31, 2014, the expiration date of the instant lease agreement, is KRW 14,908,735, and the remainder of the rent in arrears until the expiration date of the lease term remaining after deducting the deposit for the instant lease from the above amount, is KRW 4,908,735.

B. According to the above facts, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay the Plaintiff the amount calculated by applying the rate of 6% per annum from January 1, 2015 to the delivery date of a copy of the complaint from January 1, 2015 to February 15, 2016, which is the day following the expiration date of the lease term, and 15% per annum from the following day to the day of complete payment.

2. Determination on the overdue rent or claim for damages after the expiration of the lease term

A. The Plaintiff’s assertion is selectively obligated to return to the Plaintiff the unjust enrichment equivalent to the rent calculated at the rate of KRW 3,696,000 per month for the period from January 1, 2015 to the date following the expiration date of the instant lease agreement, which is the date following the expiration date of the instant lease agreement, to the date on which the delivery of the instant store is completed, or either

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