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(영문) 서울중앙지방법원 2019.01.16 2018가단16292
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 24,450,000 and this shall be applicable thereto.

Reasons

Facts of recognition

On June 15, 2017, the Plaintiff entered into a lease agreement with the Defendant on each of the following terms: (a) from July 3, 2017 to July 2, 2018, the lease deposit amount of KRW 30,000,000; (b) monthly rent of KRW 2,80,000 (excluding value-added tax); and (c) management fees of KRW 500,000 (excluding value-added tax) monthly; and (d) monthly rent of KRW 50,000 (excluding value-added tax).

(hereinafter “instant lease agreement”). The Plaintiff delivered the instant real estate to the Defendant pursuant to the instant lease agreement, and occupied the Defendant.

The Defendant did not pay the monthly rent and management expenses that should be paid on the last day of each month from August 2017, and the Plaintiff notified the termination of the instant lease agreement through content-certified mail on January 4, 2018.

The monthly rent and management expenses payable by the Defendant from August 2017 to October 2018 are 54,450,000 won [the monthly rent of KRW 2,80,000,000]x 1.1 (value-added tax) (30,000,000 that the Plaintiff shall return to the Defendant from this money is 24,450,000 won (=54,450,000 won - 30,000,000 won).

[Ground of recognition] There is no dispute, and according to the above fact-finding as to the grounds for the claim of Gap's evidence Nos. 1 through 3 and the whole argument, the lease contract of this case was lawfully terminated by the plaintiff's declaration of intention to terminate the contract for reasons of delay in the obligation to pay monthly rent.

Therefore, the defendant delivered the real estate of this case to the plaintiff, and ② the balance of the rent and management fee of this case 24,450,000 won for the unpaid monthly rent and management fee of this case and the next day after the delivery of a copy of the complaint of this case to the defendant from October 13, 2018 to the date of full payment, and ③ the delay damages calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 13, 2018 to the date of full payment, and ③ the rent and management fee for the unpaid month from November 30, 2018 to the date of payment.

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