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(영문) 서울서부지방법원 2020.10.16 2020가단291190
건물인도
Text

1. The defendant shall be the plaintiff.

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

B. From 3,77,500 won and May 30, 2019

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.

3. Part concerning partial dismissal

A. The Plaintiff sought legal interest from March 30, 2019 to the completion date of delivery of real estate listed in the separate sheet for the Defendant at a rate of 24% per annum on the money calculated at the rate of 3,850,000 won per month. However, there is no provision recognizing legal interest rate calculated at the rate of 24% per annum on unjust enrichment equivalent to rent or rent. Thus, the Plaintiff’s assertion on this part is without merit.

B. The Plaintiff sought a payment of rent calculated at the rate of KRW 3,850,00 per month from March 30, 2019 to May 29, 2019. However, among the rent that is to be paid from March 30, 2019 under the instant lease agreement, the Plaintiff received KRW 3,92,50,000 in total from the Defendant on April 9, 2019, and KRW 3,92,50,000 on May 22, 2019. Thus, the above amount should be deducted from the rent in arrears. Since the Plaintiff’s claim for unjust enrichment was not reasonable from March 30, 2019 to May 29, 2019 to KRW 7,70,300,300 to KRW 307,575,70,707, and thus, the Plaintiff’s claim for deduction from the above KRW 305,75,757,707,757.

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