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(영문) 서울중앙지방법원 2017.07.06 2016고정4155
업무방해
Text

The defendant shall be innocent.

Reasons

1. The Defendant, as a lessor of a commercial building in Gangnam-gu Seoul Metropolitan Government, obstructed the operation of the victimized company, such as computer use, by force, on the ground that the victim D, the operator of the leased company, did not pay the deposit and monthly rent in the above building around July 8, 2016.

2. In full view of the evidence duly admitted and examined by this Court, the following circumstances are recognized.

① On May 9, 2016, the complainant entered into a lease agreement with the Defendant to pay the rent of KRW 70 million per month, KRW 5 million per month, management expenses, KRW 200,000 per month, monthly expenses for cleaning, KRW 300,000 per month, and electricity and water supply fees in accordance with the quantity of use, the complainant agreed to pay the remainder on the first day of the deposit to pay KRW 30 million on the first day, and KRW 40,000,000 on the second day of the deposit by May 30, 2016.

② However, on June 3, 2016, the complainant prepared a letter of confirmation that “the remaining security deposit shall be paid up to June 15, 2016, and the order shall be issued at the time of unpaid real estate” with the Defendant on June 3, 2016.

③ On June 30, 2016, the complainant continued to pay the remaining deposit amount of KRW 40 million by the end of the same month, the Defendant sent to the complainant a document proving that “The deposit amount of KRW 30 million already paid shall be deducted from most of the rent, management fee, electricity, water rate, and other damages, and the balance of KRW 759,360,00,000,000,000,000,000,000) was paid to the complainants on the same day.”

④ In such circumstances, the Defendant’s manager on July 1, 2016; and

7.4. The electricity supply business shall be conducted on July 5, 2016 after giving notice to demand the payment of overdue electricity and water rates on two occasions that the supply of electricity may be suspended at the time of default.

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