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(영문) 서울중앙지방법원 2015.01.22 2014가단158372
건물명도등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Appendix 1. Form 1. Three floors among the real estates listed in the Schedule;

(b) 17,277.

Reasons

1. Facts of recognition;

A. On July 12, 2013, the Plaintiff leased three floors (hereinafter referred to as “instant real estate”) among the real estate listed in attached Form 1, to the Defendant on July 12, 2013, by setting the lease deposit of KRW 35 million, monthly rent of KRW 2.4 million, monthly management expenses of KRW 900,000 (each additional tax is separate; hereinafter the same shall apply), and the lease period from August 1, 2013 to July 31, 2014.

(hereinafter “instant lease agreement”). B.

The defendant did not pay monthly rent, etc. from March 2014.

C. At the time of the instant lease agreement, the Defendant agreed that the lease agreement will be terminated upon the lapse of 10% of the amount in arrears, 10% of the amount in arrears, 20% of the amount in arrears for more than one month in arrears, and 3 months in arrears.

In accordance with the above agreement, the rent, management fee, etc. (hereinafter “annual rent, etc.”) that the Defendant shall pay to the Plaintiff from March 2014 to June 2014 (hereinafter “annual rent, etc.”) is a total of KRW 17,277,500 as shown in attached Table 2, as shown in attached Table 2, and the monthly rent, etc. that the Defendant shall pay to the Plaintiff is KRW 4,404,00 per month as indicated in attached Table 2.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the instant lease was terminated on the ground that the Defendant’s overdue rent was unpaid.

As such, the Defendant is obligated to order the Plaintiff to restore the instant real estate to its original state, and pay to the Plaintiff the sum of KRW 17,277,500, including the overdue rent, etc., from August 8, 2014 to June 2014, calculated at the rate of 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 8, 2014 to the date of full payment, and damages for delay calculated at the rate of KRW 4,404,00 per month from July 1, 2014 to the date of completion of the title of the instant real estate.

B. As to this, the Defendant shall pay a penalty of 20% (240% per annum) per month under the instant lease agreement.

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