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(영문) 대구지방법원서부지원 2020.06.11 2019가단7796
관리등
Text

1. The Defendants jointly share KRW 11,961,305 with respect to the Plaintiff and 5% per annum from October 17, 2019 to June 11, 2020.

Reasons

1. Basic facts

A. As the Defendants were in arrears with respect to the instant real estate D and E rental agreement entered into between the Plaintiff and the Defendants, the Plaintiff filed a lawsuit against the Defendants, including the name of the building, etc. with this court 2018da63973. On January 15, 2019, the court rendered a judgment that “The Defendant jointly pays to the Plaintiff, 3,328,970 won, and 15% interest per annum from November 13, 2018 to the date of full payment, and deliver the instant real estate D and E, respectively, and the amount calculated at the rate of KRW 2,00,000 per month from October 1, 2018 to the date of the completion of delivery of the Eho Lake, and the amount calculated at the rate of KRW 2,80,000 per month from the date of the completion of delivery of the Eho Lake,” which became final and conclusive on February 2018.

(See Evidence No. 4, hereinafter referred to as “previous Judgment”). (b)

Based on the previous judgment on June 5, 2019, the Plaintiff applied for compulsory execution of the delivery of buildings to the instant No. D and E, and the execution of delivery was completed on July 23, 2019.

C. In the previous judgment, the previous judgment claimed the unpaid rent, overdue management fee, etc. from the date of September 2018 regarding the instant subparagraph D and E, and thereafter, the management fee incurred from October 1, 2018 to July 23, 2019, which was the date of the completion of delivery, is the total of 11,961,305 won.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 6, and the purport of whole pleadings

2. The allegations and judgment of the parties

A. The gist of the Plaintiff’s assertion was that the Defendants did not perform the duty of delivery according to the previous judgment, such as the establishment of signboards, trade names, partitions, attached houses, etc. installed while using the instant Nos. D and E. Therefore, the Defendants jointly are liable to compensate the Plaintiff for damages equivalent to KRW 25,890,000 in total, the amount of damages equivalent to the rental fee of KRW 4,800,000 in total for one month during the period of restoration, the amount of damages equivalent to the rental fee of KRW 11,961,305 in total, the management fee incurred until the completion of delivery, and the amount of damages equivalent to KRW 42,651,

(b) judgment;

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