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(영문) 인천지방법원부천지원 2016.04.27 2015가단30734
손해배상(기)
Text

1. The Defendant’s KRW 25,367,270 as well as 5% per annum from January 13, 2016 to April 27, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 7, 2013, the Plaintiff entered into a lease agreement and leased the Plaintiff’s building (Seoul-gu, Seo-gu, Incheon-gu, No. 102, No. 1, 102, hereinafter “instant commercial building”) to the Defendant by setting the lease deposit amount of KRW 25 million, monthly rent of KRW 220,000 (including value-added tax, management expenses and electricity charges, and payment after the seventh day of each month), and the period from September 7, 2013 to September 6, 2015.

The lease was terminated on September 6, 2015.

B. The Defendant’s default 1) paid only the rent of 2-month rent from November 7, 2013 to September 6, 2015, while occupying and using the instant commercial building prior to the date of concluding the said contract, and delayed the rent of 48,40,000 won (=2,2200,000 won x 22 months). 2) The Defendant did not pay the management fee from December 2, 2014 to August 2015, which was imposed on the instant commercial building.

3) The Defendant did not pay the electricity charge of KRW 208,020 from September 2014 to June 2015, which was imposed on the instant commercial building. 4) The Defendant agreed, while entering into a lease agreement, to restore the leased object to its original state at the time of the termination of the lease. The Defendant returned the instant commercial building to the state where the facilities and corrective devices of the instant commercial building were damaged upon the termination of the lease.

Accordingly, on November 3, 2015, the Plaintiff spent KRW 1.5 million for the restoration of the instant commercial building to its original state, including the construction cost of KRW 1.5 million and KRW 1.44 million for the installation cost of corrective devices on October 30, 2015.

[Ground of recognition] Facts without dispute, Gap 1-9 evidence (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff 50,367,270 won due to nonperformance of obligation (i.e., unpaid management expenses of KRW 48,400,000 due to delay), which is KRW 119,250 due to unpaid electricity charges of KRW 208,020,020,000.

B. As to this, the defendant reduces the rent of the defendant.

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