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(영문) 서울서부지방법원 2018.10.19 2017가단202961
건물명도(인도)
Text

1. The Defendant’s KRW 11,162,170 as well as 5% per annum from March 1, 2017 to October 19, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On December 5, 2011, the Defendant entered into a lease agreement (the instant lease agreement) with the Plaintiff, setting the lease deposit amount of KRW 5 million, KRW 1950,000,000, and KRW 19550,000,000, and KRW 2 years, and paid the lease deposit to the Plaintiff around that time.

B. The instant lease agreement was renewed after the expiration of the term, and the Defendant delivered the instant apartment to the Plaintiff on February 28, 2017.

C. During the lease period, the Defendant operated the instant apartment house with the name of “F Child Care Center” (hereinafter “F Child Care Center”), and the Defendant was subject to the suspension of qualification for one year (1-year period from March 1, 2016 to February 28, 2017) of the head of Mapo-gu Seoul Metropolitan Government Head of Child Care Center (hereinafter “related administrative disposition”) on the ground that he/she violated the principle of disbursement under the Financial and Accounting Rules of the Social Welfare Foundation and Social Welfare Facilities Act, violated the prohibition of use of the budget, violated the payment date of the childcare staff, failed to report the appointment and dismissal of the childcare staff, failed to report the expiration of the distribution period, stored food materials after the expiration of the distribution period, violated the standards for organization, etc.

[Ground of recognition] Facts without dispute, Gap evidence 4-1 to 5, Gap evidence 9-1, Eul evidence 1, the purport of the whole pleadings

2. Assertion and determination

A. The summary of the Plaintiff’s assertion is as follows: ① 16,150,000 won for the rent unpaid during the lease period from January 1, 2013 to February 28, 2017; ② 2,765,520 won for the payment of public charges (2,49,400 won for the payment of unpaid national pension, health insurance, employment insurance, industrial accident insurance, and industrial accident insurance, 2,49,400 won for the payment of unpaid management expenses, unpaid expenses, and expenses for septic tanks; KRW 200,000 for the payment of unpaid expenses; KRW 26,370 for the payment of wage and salary income; KRW 39,750 for the payment of wage and salary income; ③ damages for the closure of a childcare center due to the closure of the childcare center.

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