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(영문) 서울남부지방법원 2014.12.19 2014가단19169
임대차보증금 등
Text

1. The Defendant’s KRW 27,257,048 as well as the Plaintiff’s KRW 6% per annum from May 21, 2014 to December 19, 2014.

Reasons

1. Case summary

A. On April 29, 2013, the Plaintiff concluded a lease agreement with respect to Nos. 101 of Geumcheon-gu Seoul Metropolitan Government building B owned by the Plaintiff as follows:

(hereinafter referred to as “instant lease agreement” . 1) Lease period: From May 1, 2013 to October 4, 2014, 2014: 2.6 million won per month: 5 million won per month (excluding value-added tax): 2.7 million won per month from October 5, 2013 to 3.3 million won per month: 2% of the overdue rent from the date following the due date of the payment of the rent; 4% of the overdue rent from 11 to 20 days in arrears; 6% of the overdue rent from 21 to 30 days in arrears; 2% of the overdue rent per ten days in arrears on at least 31 days in arrears;

B. From July 5, 2013, the Defendant delayed the payment of rent, and on September 2, 2013, paid KRW 2 million as rent.

[Ground for Recognition: Facts without dispute, Gap evidence, Gap evidence, Gap evidence, Gap evidence, Gap evidence, Gap evidence, Gap evidence, Gap evidence, Gap evidence, Gap evidence, and the purport of whole pleadings]

2. Judgment on the claim for overdue rent

A. The Plaintiff asserted by the parties, based on March 31, 2014, sought payment of the agreed delay damages on the overdue rent and overdue rent as of March 31, 201, and the total value-added tax amounting to 35,174,004.

The defendant asserts that he did not add additional dues to the overdue rent and the unpaid management fee until the day before the New Year's Day, and that he did not set up the entire collection period and set up the new collection period.

B. The Defendant’s assertion on this part is not acceptable, since there is no evidence to prove that there was an agreement on exemption from delay damages as alleged by the Defendant.

C. The damages for delay under the instant lease agreement that is limited to the amount of compensation shall be calculated by adding 2% to 10% per day, and the amount of compensation shall reach 2% per ten days (73% per annum in the case of 365 days per annum). Thus, it shall be limited to 6% per annum in accordance with Article 6 of the Interest Limitation Act.

Principal and interest 1) On September 2, 2013, 200,000 won paid out of September 2, 2013, the date of the occurrence of the rent (the cost).

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