(영문) 수원지방법원안산지원 2020.09.09 2020가단3222

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2020.09.09 2020가단3222

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 22,150,179 Won and as regards this, 200.

Reasons

1. Facts of recognition;

A. On May 3, 2019, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 25 million, monthly rent of KRW 1650,000 (including value-added tax), management fees and taxes and public charges, separate lease period, from June 1, 2019 to May 31, 2021 (hereinafter “instant lease agreement”), and leased the instant building to the Defendant.

B. From October 2019 to June 2020, the Defendant delayed to pay the sum of KRW 15 million out of the rent for the instant building from October 2019 to the end of June 2020, and delayed to pay the amount equivalent to KRW 7,150,179 in total of the taxes and public charges, such as management expenses and electricity charges.

C. The Plaintiff terminated the instant lease agreement on the grounds of the foregoing delinquency.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the instant lease contract was terminated upon the termination of the Plaintiff’s termination.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff, and pay to the plaintiff 2,150,179 won in total, including overdue rent and taxes, and 22,150,179 won in interest of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from July 21, 2020 to the day following the delivery of a copy of the application for alteration of claim and cause of this case to the day of complete payment. The defendant is obligated to pay to the plaintiff money calculated by the rate of 1.65 million won per month from July 1, 2020 to the day of completion of delivery of the building of this case

(A) The Plaintiff filed a claim for the payment of damages for delay calculated from the day after the copy of the complaint of this case was served on the sum of KRW 22,150,179, including the above overdue rent and the tax, but the above overdue rent and the tax, etc. claimed by the Plaintiff include the overdue rent which occurred after the delivery of the copy of the complaint of this case. Thus, the Plaintiff’s claim for damages for delay exceeding the above recognized scope is rejected.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-대전지방법원천안지원 2020.06.17 2019가단120042

-서울남부지방법원 2020.07.14 2020가단204920

-광주지방법원 2019.07.19 2018나5023

-서울남부지방법원 2020.08.12 2020가단3660

-수원지방법원안산지원 2020.12.23 2020가단9008