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(영문) 인천지방법원 2016.04.20 2015가단70395
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From December 29, 2015, the above real estate.

Reasons

1. On April 27, 2015, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), determined and leased the said real estate to the Defendant as KRW 30 million in deposit, KRW 2,310,00 in monthly rent, and KRW 2,310,00 in the lease term from May 15, 2015 to May 15, 2016, and KRW 2% in arrears as of May 15, 2016.

Since January 2015, the defendant did not pay the remainder by paying only KRW 10,400,000, which is a part of the rent, until now.

On December 28, 2015, the Plaintiff, as a duplicate of the instant complaint, declared the Defendant to terminate the lease agreement.

Therefore, the Plaintiff seek unjust enrichment calculated by the ratio of KRW 2,310,000 per month from December 29, 2015 to the delivery date of the pertinent real estate from the date following the date of delivery and termination of the instant real estate.

In addition, the Plaintiff seek to the Defendant for the payment of the unpaid rent and the delayed payment damages therefor (i.e., KRW 16,52,113 in total) (i.e., KRW 15,648,00 in total and KRW 15,648,00 in delay damages) and damages for delay calculated by applying the rate of 24% per annum from December 29, 2015 to the date of full payment, with respect to KRW 15,648,00 in total and KRW 15,648,00 in total, and damages for delay calculated by applying the rate of 24% per annum from February 15, 2016 to the date of full payment.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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