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(영문) 서울중앙지방법원 2015.08.11 2012가단338327
손해배상(기)
Text

1. The Defendant’s KRW 28,984,048 against the Plaintiffs and 5% per annum from January 24, 2013 to August 11, 2015, respectively.

Reasons

1. Basic facts

A. On December 1, 2011, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the nine-story floor (14th floor (10th floor) of the Seocho-gu Seoul Metropolitan Government D Commercial Building (hereinafter “instant commercial building”) located in Seocho-gu, Seoul (hereinafter “instant commercial building”) with the following terms as to the part (A) of the attached Form No. 301.94 square meters (hereinafter “instant store”) connected each point in sequence 1, 2, 3, 4, 5, 6, and 1.

- Lease deposit: 140,00,000 - Rent: 7,306,000 won per month (excluding value-added tax): - Management expenses: 5,915,000 won per month (excluding value-added tax): From December 11, 2011 to November 30, 2012: - Overdue charge shall be imposed at 3% per month when arrears are overdue, such as rents, management expenses, electricity charges, etc. - Penalty shall be paid at penalty twice the sum of the rents, management expenses, etc. at the time when the lease of this case is terminated due to a cause attributable to one of the parties to the contract;

B. On April 13, 2012, the instant lease contract terminated on the grounds of the Defendant’s delinquency in payment of the rent and management expenses.

C. Even after the termination of the instant lease agreement, the Defendant promised to “to complete the restoration of the instant store to its original state by November 10, 2012” while ordering the Plaintiff to use the instant store on October 31, 2012.

However, the Defendant did not perform the restoration of the instant store to its original state within the period of promise. From the beginning of December 2012 to the end of August of the same month, the Plaintiff performed the construction work of installing and repairing the ceiling tex, etc. removed by the Defendant after the instant lease agreement, and the construction work of repairing the damaged floor, wall surface, etc. that occurred during the use of the Defendant. The total amount of KRW 1,49.60,000 was disbursed as the construction cost for restoration

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 4, 9, 10, 14, 15, 16, 25, and 26, and the purport of the whole pleadings

2. The party's assertion and judgment

(a) Rent and management expenses;

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