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(영문) 대전지방법원 서산지원 2018.07.10 2018가단529
건물인도등
Text

1. The Defendant shall pay 18,00,000 won to the Plaintiff and 5% per annum from April 1, 2018 to the date of full payment.

Reasons

Comprehensively taking account of the respective descriptions and the overall purport of the pleadings in Gap evidence Nos. 1 and 3, it is recognized that on June 19, 2014, the plaintiff, on the part of the defendant on the second floor, the first floor restaurant of 175.48 square meters (hereinafter referred to as "the building in this case") from July 31, 2014 to July 31, 2017, the lease term of 36 months from July 31, 2014 to July 31, 2017, the lease deposit of 40 million won, and the monthly rent of 200,000 won from the part of November 2015, the defendant paid only rent to the plaintiff on the part of March 31, 2018 while operating the restaurant in this case.

Meanwhile, from December 2015 to June 2017, the Plaintiff is deemed to have appropriated the total amount of KRW 40 million as the deposit for lease.

Comprehensively taking account of the foregoing facts acknowledged, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of 18 million won (2 million won) per annum as stipulated in the Civil Act from July 1, 2017 to March 2018 at the rate of 5% per annum, as sought by the Plaintiff, from April 1, 2018 to March 1, 2018.

The plaintiff's claim is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

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