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(영문) 서울중앙지방법원 2019.04.09 2018가단5055674
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 33,290,752 and the interest rate of KRW 15% per annum from March 30, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On July 2013, the Plaintiff entered into a lease agreement with the Defendant with regard to the second floor E and F of the D Building in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) owned by the Plaintiff, with a deposit of KRW 18,000,000, monthly rent of KRW 170,000 (12% per annum for late delay interest), separate management expenses, and one year (12 months automatic extension if both parties are not revoked by one month prior to the expiration of the lease term) (hereinafter “instant lease agreement”).

The plaintiff transferred possession of the building of this case to the defendant around that time.

B. After that, the instant lease agreement has been renewed several times, but the rent and management fee have not been paid for several months, the Plaintiff filed a lawsuit against the Defendant for delivery of the building in 2015.

(Seoul Southern District Court 2015dan35410). In this case, the Defendant delivered the instant building to the Plaintiff by November 30, 2015.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

‘’ has been adjusted.

C. The instant lease agreement was terminated on December 12, 2016 at the time of leaving the instant building.

The Defendant, while leaving the instant building, did not restore the building to its original state, notified the Defendant on December 2017 that the Plaintiff should pay the unpaid rent and the management fee and pay the restoration duty to its original state.

As restitution is not implemented, the plaintiff has completed the restoration work by bearing the cost of restoration of KRW 24,200,000 from the beginning of 2018.

C. At the time of termination of the instant lease agreement, the unpaid portion of the rent (including delayed interest) reaches KRW 10,885,521, and the unpaid portion of the management fee (including delayed interest) reaches KRW 16,205,231.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 and 2 (including, if any, various numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant shall rent to the plaintiff.

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