logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.07.07 2016가단21578
미납월차임
Text

1. The Plaintiff:

A. Defendant B is 60 million won and 5% per annum from June 1, 2008 to January 25, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendants against Suwon District Court 2006da24872. On September 19, 2006, the court rendered a judgment to the effect that "the defendants deliver each occupied part to the plaintiff, the amount calculated by the ratio of 1.2 million won per month from April 1, 2004 to the delivery date of the occupied part, and the defendant C shall pay the amount calculated by the ratio of 1.2 million won per month from August 30, 2005 to the delivery date of the occupied part." The judgment was finalized on October 13, 2006.

B. The Plaintiff was handed over the part possessed by Defendant B on May 31, 2008, and the part possessed by Defendant C on April 30, 2007.

C. The unpaid rent to be paid by Defendant B is KRW 60 million and the amount to be paid by Defendant C is KRW 20 million until the Plaintiff receives it.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 2, purport of whole pleadings]

2. Assertion and determination

A. Comprehensively taking account of the Defendants’ recognition of the duty to return unjust enrichment equivalent to the unpaid rent, Defendant B is obligated to pay the Plaintiff (1) the amount of KRW 60 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 1, 2008 to January 25, 2017, the delivery date of a copy of the complaint of this case, as the Plaintiff seeks, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of the payment. (2) Defendant C is obligated to pay damages for delay calculated at the rate of 20 million won per annum as requested by the Plaintiff from May 1, 2007 to November 12, 2016, the delivery date of a copy of the complaint of this case, and 5% per annum as stipulated in the Civil Act from the next day to the day of the delivery date of the copy of the complaint of this case.

B. The Defendants’ assertion as to the assertion by the Defendants are as follows: (a) golf loans in Japan; (b) office fixtures; (c) 2 points produced in the life-sustaining era; and (d) approximately 1 ton of North Korean mountain mushrooms.

arrow