(영문) 서울동부지방법원 2015.02.03 2014가단22803

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(영문) 서울동부지방법원 2015.02.03 2014가단22803

위약금등

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1. The plaintiff is jointly and severally with the defendant Kina and the defendant B are jointly and severally with the defendant Kina and the defendant Kina.

Reasons

1. Facts of recognition;

A. On November 29, 2013, the Plaintiff: (a) leased approximately KRW 10,000,000 for the lease deposit; (b) KRW 10,000 for the monthly rent; and (c) from December 1, 2013 to November 30, 2015 for the lease deposit, the Plaintiff agreed to pay KRW 5,00,000 out of the lease deposit to the Plaintiff on the date of the contract; and (d) the remainder of KRW 5,00,000 for the lease deposit to the Plaintiff until January 30, 2014.

B. However, the Defendant Company did not pay the remainder of the lease deposit by January 30, 2014, and Defendant Company and Defendant B paid the remainder of the lease deposit to the Plaintiff on February 24, 2014, and the Plaintiff on January 30, 2014 to pay the remainder of the lease deposit by the end of the following month (based on KRW 10,000 per day) as penalty until the Defendant Company pays the remainder of the lease deposit by January 30, 2014, and the agreement to pay the remainder within March 31, 2014 is the “Agreement”.

(C) The Defendant Company prepared and ordered the remainder of the lease deposit and the monthly rent from March 2014, and the Plaintiff terminated the lease contract with the Defendant Company. D. By December 31, 2014, the Plaintiff terminated the lease contract. The amount of unjust enrichment equivalent to the rent and the rent in arrears by the Defendant Company is KRW 9.4 million, the management fee in arrears is KRW 6.24 million, and the Defendant Company did not pay the remainder of the lease deposit. As such, the penalty to be paid to the Plaintiff by the Defendant Company and the Defendant Company is 3.120,000 won as of December 31, 2014. [Grounds for recognition: each entry in subparagraphs 1 through 4, and the purport of the entire pleadings.]

2. According to the above facts of determination, the Defendant Company paid a total of KRW 18.76 million overdue rent and KRW 9.4 million overdue charge, in accordance with the instant lease agreement and the instant agreement, KRW 6.24 million.

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