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(영문) 서울서부지방법원 2016.08.10 2016가단2027
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Out of the first floor of the real estate listed in the annex list, each of the following sub-items 1, 2, 4, 3, and 1:

Reasons

1. Determination as to the cause of claim

A. On November 9, 2013, the Plaintiff: (a) leased the instant store to the Defendant with a deposit of KRW 5 million; (b) KRW 400,000,000 per month (Provided, That the period shall be KRW 500,000 per month after one year after occupancy); and (c) the period from November 20, 2013 to November 20, 2015; and (b) around that time, the instant store was delivered to the Defendant. (c) The Defendant did not pay the monthly rent (or unjust enrichment equivalent to the rent within the country) from September 2015 to the closing date of the pleadings of the instant case; and (d) is taking advantage of and making profits from the instant store.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. 1) According to the above facts, since the lease contract between the original defendant is terminated upon the expiration of the term of validity, the defendant is obligated to deliver the instant store to the plaintiff. In addition, the defendant did not pay the monthly rent after September 2015. Thus, the defendant has no obligation to pay the plaintiff the amount of damages for delay at the rate of 15% per annum under the Civil Act until August 10, 2016 and the amount of unjust enrichment equivalent to the rent accrued until February 20, 2016 (i.e., KRW 50,000 x 6 months) and the plaintiff's assertion to the effect that it is reasonable to dispute about the existence or scope of the obligation of the defendant from March 8, 2016 to March 8, 2016, which is the date of delivery of the copy of the complaint of this case. However, the plaintiff's assertion to the effect that the above damages were not paid to the plaintiff at the rate of 200,000 won per annum from the next day to the day of complete payment.

3) The Plaintiff (the Defendant on November 2015).

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