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(영문) 서울중앙지방법원 2017.01.12 2015가단5398707
건물명도
Text

1. The Defendant shall pay to the Plaintiff KRW 14,891,747 and the interest rate of KRW 15% per annum from August 3, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On April 18, 2014, the Plaintiff entered into a lease agreement between the Defendant and the Crocco Asset Trust (hereinafter “instant real estate”) with respect to the real estate listed in the attached list owned by the Crocco Asset Trust (hereinafter “instant real estate”), which is set forth as the lease deposit amount of KRW 7 million, monthly tax of KRW 1.4 million (excluding value-added tax), and the lease term from April 18, 2014 to April 17, 2016.

The part relating to the instant lease agreement is as follows.

Article 2 (Monthly Tax) (1) A lessee shall pay the monthly rent of KRW 1,400,000 (excluding value-added tax) in the late payment on the 10th of each month.

(3) When a lessee fails to pay a monthly rent, he/she shall pay the arrears of 15 percent per annum for each number of days in arrears.

Article 3 (Management Expenses, etc.) In addition to Monthly Taxes, the following shall be borne by the lessee:

(1) If the lessee fails to pay the monthly rent (Article 2) three or more times (limited to cases where the continuous arrears are not caused) of the object of lease (1) under Article 7 (1) of the Fire Insurance Act.

B. Since the Defendant entered into an agreement on a monthly rent payable on August 10, 2015, the lease period corresponding to this part of the monthly rent is from July 11, 2015 to the same year.

8. From October to October, 200, the Defendant had been in arrears, and a duplicate of the complaint in this case stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent as above was served on the Defendant on January 12, 2016. C. The Defendant delivered the instant real estate to the Plaintiff on May 28, 2016, which was pending in the instant lawsuit. The unpaid amount is KRW 5,747,830 among the management expenses imposed on the Defendant by May 28, 2016, which is the date of delivery of the instant real estate. [In the absence of any dispute over recognition, Party A’s evidence Nos. 2, and Party A’s evidence Nos. 6 through 11, and the purport of the entire pleadings,

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant’s instant lease agreement by the date of delivery of the complaint of this case.

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