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(영문) 서울북부지방법원 2016.11.15 2016나31655
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall provide the plaintiff with the real estate listed in the attached list No. 1.

Reasons

. It shall pay all other charges;

(3) Where a lessee fails to order a lessor to guide a rental house pursuant to paragraphs (1) and (2) of this Article by the date it is required to do so, the lessee shall pay to the lessor an amount equivalent to 1.5 times the monthly rent under paragraph (1) of Article 1 of the terms and conditions of the standard rental contract for the period from the date following the date on which the contract is performed to the date on which the

In such cases, management expenses, including electricity charges, water charges, etc. used by the lessee by the designated date shall be separately paid.

Article 5 (Cancellation, Termination, Penalty, etc. of Contract) (1) Where this contract is terminated or terminated pursuant to the terms and conditions of the standard lease contract pursuant to Article 7(1), the lessee shall pay the lessor the sum of the following penalty, separate from damages for delay referred to in Article 4(3) of the Special Agreement:

(i) Penalty for penalty for breach of contract under the following formula = Gross monthly rent 】 24 months 】 5% of gross rent 】 (rental deposit 】 interest rate * interest rate for one-month rent for the month in which the date of cancellation or termination falls: A financial institution under the Banking Act as of the date of cancellation or termination under the Banking Act whose share in the savings bank loan market in the household is the highest, the interest rate for one-year term deposit interest rate for a financial institution on a one-year term deposit account with the highest highest maturity.

B. From January 2014, the Defendant did not pay the monthly rent for at least three consecutive months.

C. Accordingly, the Plaintiff is entitled to the instant lease agreement.

5. On June 4, 2015, pursuant to Article 7(1) of the terms and conditions of the instant lease agreement, a certificate of content was sent to the Defendant on June 4, 2015, and the Defendant received the said certificate on June 10, 2015.

The Defendant’s overdue rent of KRW 12,825,880 is the 12,825,880,000, and the instant lease agreement on the overdue rent is the 12,825,880.

5. The late payment charge under Article 1(4) of the Terms and Conditions of the Agreement is KRW 769,620, and Article 5 of the Special Agreement.

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