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(영문) 인천지방법원 2016.06.01 2015가단42703
임대료등
Text

1. The Defendant’s KRW 36,274,440 as well as the Plaintiff’s annual rate of KRW 5% from May 18, 2015 to June 1, 2016.

Reasons

1. Determination as to the cause of claim

A. On April 30, 2014, the Plaintiff leased approximately 200 square meters (200 square meters in D building E) of the building stated in the purport of the claim to the Defendant in KRW 30 million, monthly rent of KRW 2750,000 (including KRW 3300,00 per month from October 30 of the same year, value added tax, management expenses separate). The Plaintiff notified the Defendant of the termination of the lease on May 6, 2015 or the delivery of the original copy of the instant payment order to the Defendant on the ground of the overdue rent of KRW 305,50,000, monthly rent of KRW 2750,00 (including KRW 300,000 per month from October 30 of the same year, including value added tax, KRW 40,000, KRW 3000, KRW 4000, KRW 5000, KRW 3005,000, KRW 406,506,06,005.

B. According to the above facts, the Defendant is obligated to pay damages for delay at each rate of 36,274,440 won (35,50,000 won 17,400,000 won 4,921,040 won 8,453,400- deposit 30,000 won) and 15% per annum as stipulated in the Civil Act from May 18, 2015 to June 1, 2016, which the Defendant’s claim for performance is reasonable to bring a dispute within the scope of the Defendant’s performance obligation.

C. Furthermore, the Plaintiff is also seeking payment of overdue rent, additional cost, and the amount equivalent to the future rent from the foregoing standard date to November 30, 2015 from the completion date of delivery of the building.

However, even after the termination of the lease as seen earlier, the Defendant still remains in effect.

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