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(영문) 서울중앙지방법원 2017.04.18 2016가단83113
미납 임대료
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 24,321,200 and the interest rate thereon from June 10, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1 and Eul evidence No. 2 as to the cause of the claim and the whole pleadings, the plaintiff entered into a lease agreement with the defendant on February 1, 2013 on the lease of three floors of Seocho-gu Seoul (hereinafter "the building in this case") with the defendant as KRW 70,00,000, monthly rent of KRW 7,000,000, respectively (hereinafter "the lease agreement in this case").

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid rent and management fee of KRW 24,321,200 [=44,321,200 [i.e., rent of KRW 5,292,00 for management expenses of KRW 35,000 for management expenses of KRW 5,292,000] - KRW 20,000 for office work and facility transfer proceeds] and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 10, 2016 to the date of full payment after the delivery of a copy of the complaint of this case.

2. The Defendant asserts that “The Plaintiff, a shareholder of the Defendant, has jointly used the instant building until January 31, 2016, and thus, the amount equivalent to the rent for the part should be deducted, and the Plaintiff has transferred the costs of ship distribution and air-conditioning and heating construction to the Defendant, and the Defendant has executed expenses equivalent to KRW 24,452,892 in relation to the installation of CCTV on behalf of the Plaintiff, and thus, the amount equivalent to each of the above amounts should be deducted.”

However, only the statement of Eul Nos. 1 through 6 shall pay to the defendant each of the above money alleged by the plaintiff to the defendant.

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