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(영문) 수원지방법원 2015.11.19 2015가합1997
건물명도
Text

1. The Defendant’s KRW 14,517,630 as well as 20% per annum from May 31, 2015 to September 30, 2015 to the Plaintiff.

Reasons

On April 18, 2012, the Plaintiff leased the instant building as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant building”) to the third-party unemployment Co., Ltd. (hereinafter “third-party unemployment”), with the agreement of the Plaintiff, KRW 40 million, KRW 4.5 million per month, KRW 4.5 million per month, and KRW 4.5 million from April 1, 2012 to March 31, 2013. The third-party unemployment transferred the right to lease of the instant building to the Defendant with the consent of the Plaintiff on January 31, 2013.

However, on March 19, 2014, the Plaintiff failed to pay the rent from June 2013, and the Plaintiff notified the Defendant that the lease contract will be terminated if the Plaintiff did not pay the rent by April 15, 2014. Nevertheless, the Defendant did not pay the rent in arrears to the Plaintiff.

On May 30, 2015, the Defendant delivered the instant building to the Plaintiff. The Plaintiff paid to the Defendant the remainder after deducting a partial overdue rent and a public charge from the lease deposit. As above, the Plaintiff still remains KRW 9,500,000 for overdue rent and public charge (water rate) 1,442,630 for overdue rent and public charge (water rate) other than the partial overdue rent and public charge deducted from the deposit, and KRW 1,650,000 for the restoration of the instant building to its original state, and KRW 14,517,630 for the disposal of the instant building to its original state.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 14,517,630 won, including the remaining overdue rent, and damages for delay calculated by the rate of 20% per annum from May 31, 2015 to September 30, 2015, which is the day following the delivery date of the instant building, and from the next day of the delivery of the instant building, to September 30, 2015, and 15% per annum from the next day to the day of full payment.

Since the defendant did not submit a written answer within 30 days from the date on which he was served with the complaint and did not appear on the date of pleading, the cause of the claim under Article 150 (3) and (1) of the Civil Procedure Act.

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