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(영문) 서울남부지방법원 2019.03.07 2018가단235914
기타(금전)
Text

1. The Defendant’s KRW 68,112,00 for the Plaintiff and its related KRW 60% per annum from June 1, 2017 to March 7, 2019 and the next day.

Reasons

1. Facts of recognition;

A. On March 12, 2013, the Plaintiff, the purpose of which is to lease a building, etc., was to lease approximately KRW 105,00,000 for a store located in Geumcheon-gu Seoul Metropolitan Government, KRW 90,000,000 for lease deposit, KRW 6,188,00 for the rent month, KRW 350,000 for management expenses, and the term of lease from April 16, 2013 to April 15, 2015.

B. On April 7, 2014, the Plaintiff also leased another store (one story D) of the same building (one story D) to the Defendant with a lease deposit of KRW 10 million, KRW 700,000 per month, KRW 50,000 per month, management expenses, and the lease period from April 23, 2014 to April 22, 2016.

C. After that, the Defendant’s delay in paying the rent for the said two stores (hereinafter “instant store”) on November 6, 2015, the Plaintiff filed a lawsuit against the Defendant on the following grounds: (i) the delivery of the instant store; (ii) the payment of rent, management fee; and (iii) the payment of KRW 58,300,749 in the sum of the rent, management fee, and electricity charges (hereinafter “annual rent, etc.”) in arrears until October 31, 2015; and (iv) the payment of money calculated at the rate of KRW 6,880,00 per month from November 1, 2015 to delivery; and (v) the revised purport of the claim is the content of the amended claim.

A lawsuit was filed.

(Court 2015da58024 case, hereinafter referred to as the “former Litigation”) d.

After that, the previous litigation was referred to the conciliation procedure and the decision in lieu of the conciliation on March 25, 2016 (hereinafter “voluntary conciliation decision”) became final and conclusive on April 15, 2016, and the decision is as follows:

Decisions

1.(a)

The Defendant shall deliver the instant store to the Plaintiff by August 31, 2016.

B. The monthly rent unpaid by the above delivery date shall be deducted from the lease deposit, and the value-added tax shall be borne by the Defendant.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne by each party;

E. However, the Defendant did not deliver the instant store until August 31, 2016, which is the date of delivery stipulated in the above compulsory adjustment decision, to the end of May 2017, and delivered the instant store to the Plaintiff, and the overdue rent, etc. is additionally added to the Plaintiff.

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