(영문) 수원지방법원 2020.11.18 2020가합16672

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(영문) 수원지방법원 2020.11.18 2020가합16672

기타(금전)

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The defendant shall pay 689,064,130 won to the plaintiff and 12% per annum from April 24, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On January 15, 2018, the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to the Defendant, with the lease deposit of KRW 200 million, KRW 25 million per month of rent (excluding value-added tax), and the lease period from January 15, 2018 to January 14, 2019.

(hereinafter “instant lease agreement”). Under the instant lease agreement, the lease deposit was paid by January 15, 2018.

B. The Plaintiff delivered the instant building to the Defendant on January 15, 2018, but the Defendant did not pay the lease deposit to the Plaintiff and did not pay the rent to the Plaintiff.

On March 9, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement if he/she did not pay the lease deposit, and notified the Defendant of the termination of the instant lease agreement by failing to pay the lease deposit on or before March 28, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 4 (including additional number), the purport of the whole pleadings

2. Upon receipt of the notice of termination of the instant lease agreement, the Defendant did not deliver the instant building to the Plaintiff, and used the instant building without paying rent and management expenses, and delivered it to the Plaintiff around October 2019.

The Defendant stated that the Plaintiff was the monthly rent of 550,00,000 won (27,50,000 won x 20 months x 15 months for the Plaintiff, which was unpaid from January 15, 2018 to September 14, 2019. However, it is clear that it is a clerical error in the “20 months” and the total amount and the period are 139,264,210 won, unpaid electric charges of 19,29,920 won, unpaid electric charges of 5,50,00 won, total sum of 689,064,130 won, or total sum of 714,064,130 won and unpaid electric waste disposal expenses of 19,29,920,000 won for reinstatement, as sought by the Plaintiff.

There is an obligation to pay damages for delay.

3. Determination

A. According to the above facts, the Defendant did not pay a lease deposit to the Plaintiff pursuant to the instant lease agreement. The instant lease agreement is concluded.

유사 판례

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