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(영문) 서울동부지방법원 2018.03.30 2017가단139016
건물명도(인도)
Text

1. The defendant shall pay 17,441,130 won to the plaintiffs and 15% per annum from February 28, 2018 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The cause of the instant claim is the same as the description in the corresponding part of the Defendant in the separate sheet, and the facts of the cause of the instant claim can be acknowledged by comprehensively taking account of the overall purport of the pleadings in each of subparagraphs A through 6. There is no counter-proof.

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiffs the overdue rent and unlawful gains equivalent to the overdue rent from January 11, 2018, the delivery date of the instant building, and the total management expenses (=34,950,000 management expenses, such as overdue rent, KRW 2,491,130, less KRW 20,000, and the remainder of KRW 17,441,130, and damages for delay calculated at the rate of 15% per annum as claimed by the Plaintiffs, from February 28, 2018, following the delivery date of the application for modification of the purport of the instant claim, to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant asserts that: (a) the Defendant first borne the distribution cost, cleaning cost, and other repair cost which the lessor had to bear at the time of leasing and moving into the building of this case from the former owner D; and (b) subsequently paid the amount of KRW 2,844,00 in excess of the aforementioned cost; (c) however, there is no evidence to support the existence of an agreement on the settlement of accounts; (d) the above assertion is rejected without need to further examine.

B. Next, the defendant asserts that the plaintiffs agreed to reduce the rent to KRW 4.6 million per month when succeeding to the status of the lessor of this case, and that it did not dispute the amount of overdue rent claimed by the plaintiffs, but there is no evidence to prove that the above agreement has been concluded with the plaintiffs, and therefore the above assertion is without merit.

3. In conclusion, the plaintiffs' claims are reasonable, and it is so decided as per Disposition.

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