(영문) 서울남부지방법원 2020.01.30 2019나57563

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Reasons

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자간(%)

(영문) 서울남부지방법원 2020.01.30 2019나57563

건물명도(인도)

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the part of “request for overdue rent, etc.” in part No. 4 of the judgment of the court of first instance is less than the part “request for overdue rent, etc.” in part No. 4 of the judgment of the court of first instance; and (b) the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the dismissal as set forth in paragraph (2) above; (c) the part of the Plaintiffs’ claim for overdue rent, etc. is accepted as it is by the main sentence of Article 420 of the Civil Procedure Act. (d) The Defendant failed to pay the Plaintiffs the remainder of the lease deposit amount to the end of July 20

Accordingly, since the instant lease contract commenced from February 1, 2015 to December 31, 2018, the rent that the Defendant had to have paid for the period of 47 months from the date when the Defendant closed down, is a total of KRW 118,910,00 (=2.30,000 x 47 months). Since the Defendant paid only KRW 90,140,00 among them, the amount of unjust enrichment equivalent to the rent or rent that the Defendant did not pay is KRW 28,70,700 (= KRW 118,910,000 - KRW 90,140,000).

In addition, even after the closure of business, the Defendant neglected the electrical equipment such as cooling, etc. inside the instant building, thereby causing electricity charges, and the Defendant shall pay the Plaintiffs the electricity charges of KRW 422,460 generated from the instant building from January 25, 2019 to February 24, 2019.

Accordingly, the amount that the Defendant is obliged to pay to the Plaintiffs is KRW 29,192,460 (=28,770,000 won). Since the instant lease contract is terminated, the Plaintiffs are obligated to refund the deposit amount of KRW 20,000 to the Defendant, so deduction would lead to KRW 9,192,460 of the Defendant’s obligation.

Therefore, the defendant should pay to the plaintiffs 3,064,153 won (=9,192,460 won x 1/3) and damages for delay.

B. On July 2015, the Defendant paid the remainder of the lease deposit amount of KRW 10 million until the end of this case.

참조조문

-민사소송법 제420조

유사 판례

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