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(영문) 서울중앙지방법원 2015.08.18 2014가단5281352
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 89,535,245 and as regards these, 2014.

Reasons

1. Basic facts

A. On February 4, 2009, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with the Defendant, setting the lease deposit amount of KRW 28,800,000, monthly rent of KRW 1,800,00 (additional tax rate), and the lease period of KRW 1,80,000, from February 23, 2008 to February 22, 2011, with respect to KRW 216,217, and 218.

According to the instant lease agreement, the Defendant shall pay the monthly rent to the Plaintiff by the 20th day of each month, and if such payment is delayed, the Defendant shall pay the late payment charge of 10% per annum.

B. Meanwhile, the above 216, 217, and 218 were merged into the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. However, the Defendant delayed the payment of monthly rent from July 20, 201 to October 7, 201, and the unpaid monthly rent is KRW 77,314,187 in total, and the late payment charge is KRW 12,221,058 in total.

On February 10, 2015, the duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds that the Defendant had not paid monthly rent more than twice, was served on the Defendant.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 4 (including the serial number), the purport of the whole pleadings

2. According to the facts of the determination as above, since the lease contract of this case was lawfully terminated by the plaintiff's declaration of intention of rescission, the defendant shall deliver the real estate of this case to the plaintiff, and the defendant shall pay to the plaintiff the sum of 89,535,245 won (12,221,058 won) in arrears monthly rent and late payment charge (7,314,187 won) and to the above amount, 6% per annum prescribed in the Commercial Act from October 8, 2014 to February 10, 2015, which is the delivery date of a copy of the complaint of this case, and 20% per annum as prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment, and the damages for delay calculated at the rate of 20% per annum as unjust enrichment equivalent to the monthly rent from October 8, 2014 to the completion date of delivery of the real estate of this case.

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