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Reasons
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(영문) 서울서부지방법원 2015.05.28 2015가합649
임대료
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1. The Defendant’s KRW 231,567,379 as well as the Plaintiff’s KRW 18% per annum from October 26, 2014 to May 11, 2015, and the following.

Reasons

1. Facts of recognition;

A. A. On January 201, the Plaintiff: (a) around January 201, part of the part of the supplementary project site for the video tubes of the third floor of the Gangseo-gu Seoul Building B (exclusive 143 square meters and common 36.3 square meters) within the sub-lease period from January 1, 201 to September 29, 2014; (b) the sublease deposit amount of KRW 80,000,000, monthly rent of KRW 13,500,000 (value-added tax separate); (c) the management expenses and value-added tax shall be borne by the Defendant; and (d) the overdue interest rate of the payment, rent, and management expenses for the next month shall be 18% per annum.

B. Around April 2012, the Defendant agreed to change the said sub-lease agreement into KRW 14,300,000 (including value-added tax) monthly from March 2012 to September 29, 2014.

C. The Defendant did not pay to the Plaintiff KRW 3,624,050 out of the rent for August 2013, and did not pay KRW 189,047,383 (including value-added tax) for the aggregate of the rent until September 29, 2014, which is the end of the sub-lease period, and did not pay KRW 122,519,96 in total for the management fee incurred from August 29, 2013 to September 29, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts finding as to the plaintiff's cause of claim, the defendant paid the plaintiff 31,567,379 won in total (=189,047,383 won 122,519,96) of the unpaid rent and management expenses (=189,047,383 won) plus 231,567,379 won (=379 won - 31,567,379 won - 80,000,000 won) from the date following the due date of payment of management expenses on September 26, 2014 to the date of delivery of a copy of the application for change of claim purport and management expenses of this case until May 1, 2015, the late payment rate of damages under the contract of this case is 231,567,379 won.

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