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(영문) 서울동부지방법원 2019.04.04 2018가단125922
전대료등
Text

1. The Defendant shall pay to the Plaintiff KRW 91,186,829 and the interest rate of KRW 15% per annum from August 25, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 21, 2017, the Plaintiff and the Defendant concluded a sublease contract (hereinafter “instant sublease contract”) with the effect that the Plaintiff did not deposit the Defendant with respect to 406.01 square meters (hereinafter “instant real estate”) out of 863.72 square meters of the 15th floor building in Songpa-gu Seoul Metropolitan Government D 15th floor, and that is sub-leaseed from November 1, 2017 to December 31, 2017 (hereinafter “the instant sub-lease contract”).

B. From November 1, 2017, the Defendant occupied and used the instant real estate, but did not pay the sublease and management expenses at all, and the Plaintiff terminated the sublease contract on June 5, 2018 on the ground that at least two sub-leases were overdue.

C. Accordingly, the Defendant delivered the instant real estate to the Plaintiff on July 22, 2018.

Meanwhile, the aggregate of the sub-lease fees from November 1, 2017 to July 22, 2018 is KRW 47,028,512; the aggregate of the management fees is KRW 35,280,725; and the Plaintiff paid KRW 8,360,00 for human test costs related to the instant real estate around October 2017; and the aggregate of the common expenses, such as water purifier rental expenses, from November 1, 2017 to July 22, 2018, is KRW 8,87,592.

[Ground of recognition] Facts without dispute, Gap's 2 through 7, 10 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 47,028,512, and the unpaid management expenses to the Plaintiff plus KRW 35,280,725, and the amount of KRW 8,77,592, and the amount of KRW 91,186,829, and the delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 25, 2018 to the date of full payment, as sought by the Plaintiff.

B. As to the Defendant’s assertion, the Defendant alleged that there was no obligation to pay management expenses, since the Defendant did not agree to pay management expenses at the time of the instant sub-lease contract.

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