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(영문) 서울동부지방법원 2016.11.18 2016가단134519
사용료
Text

1. The Defendant’s KRW 18,951,90 for the Plaintiff and 5% per annum from July 31, 2015 to November 18, 2016.

Reasons

According to the reasoning of the judgment as to the cause of the claim No. 1-6, the Plaintiff leased the instant land at KRW 327 square meters and KRW 742 square meters in Seongdong-gu, Seoul, the ownership of C and D, for October 31, 2014, at KRW 327 square meters and KRW 742 square meters in F, respectively, for three years during the lease period, and KRW 2,200,000 in monthly rent, and the Plaintiff again agreed on May 28, 2015 to the Defendant on May 28, 2015, the Plaintiff may receive six months during the lease deposit, KRW 5 million in monthly rent (including value-added tax, KRW 30,00 in each month), and the lease period from May 28, 2015 to April 2014.

Meanwhile, inasmuch as the Plaintiff is a person who received monthly rent from the Defendant from the Defendant to September 30, 2015 as stated in the separate statement of calculation, the Defendant is obligated to pay to the Plaintiff the monthly rent of KRW 18,951,900 in total, including the monthly rent of KRW 18,00,000 for ten months (one hundred months from October 1, 2015 to July 30, 2016) and the delay damages for late rent of KRW 951,900 (the details of calculation of delay damages are as stated in the separate statement of calculation).

The plaintiff asserts that since the defendant's delay in the payment of the above monthly rent caused severe stress and mental suffering, the plaintiff should be paid consolation money of five million won due to the delay of the above payment. However, according to the legal principles of Supreme Court Decision 93Da59779 Decided December 13, 1994, in general, in the lease contract, where damage was incurred to the landlord due to the tenant's default, the mental suffering that the landlord suffered due to the lessor's default should be recovered from the compensation for the property damage. Thus, there are special circumstances that the landlord suffered irrecoverable mental suffering due to the lessor's compensation for property damage, and the tenant is the same.

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