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Reasons
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(영문) 서울동부지방법원 2017.08.29 2016가단34862
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 10,174,820 and this shall apply thereto.

Reasons

1. Facts of recognition;

A. On March 31, 2016, the Plaintiff entered into a lease agreement with the Defendant by setting up a deposit of KRW 20,000,000 per month, KRW 2,000,00 per month, and KRW 2,000 per year, interest rate of the rent in arrears, and the period from April 1, 2016 to March 31, 2017, and the Defendant occupies and uses the said building until now.

B. From July 2016 to March 3, 2016, the Plaintiff notified the Defendant of the termination of the said lease contract upon the delivery of the copy of the complaint in this case.

C. The Defendant’s management expenses in arrears from July 1, 2016 to October 31, 2016 regarding the buildings listed in the separate sheet are KRW 1,374,820 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings.

2. Since the above lease contract concluded between the Plaintiff and the Defendant was lawfully terminated on or around March 20, 2017 by the Plaintiff’s declaration of termination on the ground that the Defendant, a lessee, failed to perform his/her obligation to pay rent, and thus, it is obligated to deliver the building indicated in the separate sheet to the Plaintiff.

Furthermore, the Defendant is obligated to pay to the Plaintiff 8,80,00 won (including value-added tax) accrued during four months from July 1, 2016 to October 31, 2016, plus 1,374,820 won, including the sum of unpaid management expenses, and 1,374,820 won, as well as 10,174,820 won, the agreed interest rate of 12% for the period from November 1, 2016 to March 20, 2017 when the duplicate of the instant complaint was served on the Defendant, and 15% per annum for the period from the next day to the date of full payment. The Defendant is obligated to pay damages for delay calculated at the rate of 10,200,200,000 won, or more for the period from December 1, 2016 (the date of rent from November 1, 2016 under the late payment agreement).

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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