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(영문) 서울중앙지방법원 2015.09.16 2014가단236111
점포명도 등
Text

1. The Defendant shall pay to the Plaintiff KRW 7,690,730 as well as 20% per annum from September 17, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The conclusion of a lease agreement and the details thereof (1) around February 2014, the Defendant: (a) deposited deposit amount of KRW 5,083,200; and (b) KRW 21,800,000 per month of rent (excluding value-added tax); and (c) the same year for which the Plaintiff was entrusted and managed by the Seoul Special Metropolitan City Facility Management Corporation (hereinafter “instant commercial building”).

2. From 17. to May 15, 2017, the lease was determined and leased.

(2) When entering into a lease agreement as above (hereinafter “instant lease agreement”), the Defendant agreed to pay the said lease deposit as the surety insurance policy, by adding 6% interest per annum to the rent in equal monthly installments, and to bear the overdue charge in the event of delinquency in the rent and management expenses.

B. The Defendant’s delinquency in the payment of rent and the termination of the lease contract (1) The Defendant occupied the instant commercial building and paid only the rent and management expenses incurred on February 2, 2014 to the Plaintiff, and did not pay all the rent and management expenses from March 2 of the same year.

Accordingly, the plaintiff has the same year.

9. Around 22.2. Around that time, the Defendant notified the Defendant that the instant lease contract was terminated on the grounds of delinquency in rent between several months, etc., and the said notification reached the Defendant around that time.

(2) Meanwhile, where a lease contract is terminated due to the Defendant’s fault, the provision that compensates the Plaintiff for an amount equivalent to 10% of the total user fee during the remaining contract period (total amount calculated by adding up 6% per annum interest and monthly rent for security deposit) as penalty is included in the instant lease contract.

C. (1) Even if the Defendant received notice of the termination of the contract from the Plaintiff on May 13, 2015, the Defendant did not take measures to store the Defendant’s goods located in the instant commercial building and transfer the possession thereof to the Plaintiff even until around May 13, 2015. The same date as the first date for pleading of this case is the same.

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