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(영문) 서울북부지방법원 2020.08.12 2019가단149761
건물인도
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 376,610 and as regards it, KRW 376,610.

Reasons

Comprehensively taking account of the purport of the entire pleadings as indicated in the evidence Nos. 1 through 5 as to the ground for the claim, the Plaintiff may terminate the lease contract if the Plaintiff and the Defendant were to pay the lease fee to the Defendant at KRW 80,000 on May 1, 2018 by setting the lease deposit period from May 29, 2018 to May 28, 2020. The Defendant shall bear KRW 5,050,000 among the lease deposit, and the Defendant shall pay the Plaintiff a sublease fee at KRW 124,910 on the last day of each month (Article 9 subparag. 2); the Plaintiff may terminate the lease contract without paying the lease fee at KRW 9,00 on the grounds that the lease fee in arrears exceeds the interest rate of KRW 10,00,000 on the lease deposit (Article 35,50,500 on the grounds that the lease fee in arrears exceeds the above interest rate of KRW 10,300,000 per annum.

According to the above facts, the above lease contract was terminated on November 19, 2019 upon the Plaintiff’s declaration of termination.

Therefore, the defendant delivers the real estate of this case to the plaintiff, and 374,730 won (=124,910 won x 3 months x 3 months) in arrears from August 1, 2019 to October 31, 2019, and damages for delay from October 31, 2019 to October 31, 2019 [=(124,910 won x 6% x 6% x 2 months from September 1, 2019 to October 31, 2019) (2/12 months x 910 won x 6% x 12% from October 1, 2019 to October 31, 2019 x 1/12 months from October 1, 2019;

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