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(영문) 청주지방법원 제천지원 2018.02.07 2016가단2044
건물인도등
Text

1. The defendant shall pay to the plaintiff KRW 20,842,426.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On March 22, 2014, the Plaintiff leased the first floor of the ground-based building C (hereinafter “instant store”) to the Defendant by setting the deposit amount of KRW 20,000,000, monthly rent of KRW 800,000, and the term of the lease from March 22, 2014 to March 22, 2016.

(hereinafter “instant lease agreement”). The Defendant paid KRW 5,00,000 out of the deposit to the Plaintiff on the date of concluding the lease agreement, and the Defendant agreed to pay the remainder KRW 15,000,000 to the Plaintiff by May 31, 2014.

On November 2014, the Defendant paid the remainder of KRW 15,000,000 to the Plaintiff.

B. In concluding the instant lease agreement, the Plaintiff and the Defendant agreed to pay KRW 5,000,000 to the Plaintiff as premium for the facilities, fixtures, and fixtures (hereinafter “facilities, etc.”) in the instant store.

(hereinafter “instant premium agreement”). From April 1, 2015 to March 2, 2016, the Defendant paid KRW 2,000,000 out of the premium to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Defendant, which is the cause of the claim, is obligated to pay the Plaintiff KRW 45,450,00 (=1) the unpaid rent, unjust enrichment, and damages for tort: KRW 14,200,000 for damages due to delay in the payment of deposit; ② the indemnity amount of KRW 1,80,000 for damages due to delay in the payment of deposit ③ the indemnity amount of KRW 1,80,000 for damages due to unauthorized occupation and damage of the part on the first floor below the ground, ④ the damages amount of KRW 10,000 for damages due to the unauthorized occupation and damage of the part on the underground floor; ⑤ the damages amount of KRW 19,00,000 for facilities and theft of house collection (or KRW 3,00 for unpaid premium).

B. In full view of the written evidence Nos. 5, 10, and 11 of the judgment as to the claim for rent for rent, the claim for return of unjust enrichment, and the claim for damages caused by tort, the Defendant removed from the store of this case around September 2016, as a whole.

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