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1. The Plaintiff:
A. Defendant B’s KRW 17,954,564 and the interest rate of KRW 15% per annum from October 17, 2015 to the date of full payment.
Reasons
In full view of the facts of recognition as to the claim of KRW 17,954,564 against Defendant B, as well as the purport of the entire pleadings, the Plaintiff’s lease agreement between Defendant B and Defendant B on June 27, 201, with the following: (a) the Plaintiff specified the real estate listed in the separate sheet (hereinafter “9060”) against Defendant B; (b) lease deposit of KRW 10 million; (c) lease deposit of KRW 1,60,000; and (d) June 26, 2016; and (c) lease of KRW 1.65,50,000,000 (including value-added tax) for monthly rent of KRW 16
(1) Upon the conclusion of the instant contract, Defendant B agreed to pay the Plaintiff KRW 4 million at the delivery cost of the building and other nominal expenses, and Defendant B agreed to pay the Plaintiff the monthly rent of KRW 12,954,564 [Around May 18, 2015: the unpaid rent of KRW 446,50,500 ( KRW 1650,000 x 7 months x 18/31 days)]. The Plaintiff terminated the said lease on the ground of overdue rent of KRW 100,000 ( KRW 1650,000 x 7 months x 1651 days) through the copy of the instant complaint; on the other hand, where the lease contract was terminated due to Defendant B’s overdue delay, etc. at the time of the instant contract, Defendant B may be recognized as having agreed to pay the Plaintiff KRW 100,000,000,000,000 for penalty for breach of contract (Article 28(3) of the instant contract)).
Judgment
According to the above facts, Defendant B is obligated to pay to the Plaintiff a total of KRW 17,954,564 (i.e., 12,954,564 won in arrears) (i.e., KRW 1 million in penalty of KRW 4 million in arrears), as sought by the Plaintiff, the damages for delay calculated at the rate of 15% per annum from October 17, 2015 to the date of complete payment, as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of a copy of the complaint in this case, as requested by the Plaintiff.
The Plaintiff sought payment of damages for delay calculated at the rate of 20% per annum against Defendant B, but according to the revised Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, it is ordered to order damages for delay calculated at the rate of 15% per annum from October 1, 2015.