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(영문) 창원지방법원 2019.07.24 2019가단3052
건물인도 등
Text

1. The defendant

(a) deliver the second floor D of the building C in the Chang-si, Changwon-si;

(b) 10,320,000 won and this shall apply thereto;

Reasons

1. According to the purport of each of the statements and arguments stated in Gap evidence Nos. 1 and 4, it is recognized that the plaintiff, on March 25, 2018, leased 23,000,000, monthly rent of KRW 1,650,000 (including value-added tax) to the defendant on March 25, 2018, for a fixed period of two years, the plaintiff delayed the payment of rent of KRW 11,820,00 as of February 28, 2019.

2. According to the above facts of recognition, it is reasonable to view that the lease contract between the Plaintiff and the Defendant with respect to the instant store is legally terminated by the delivery of a copy of the complaint of this case, which includes the Plaintiff’s indication of termination intention due to the Defendant’s delayed delay.

Therefore, upon the Plaintiff’s request, the Defendant shall deliver the instant store to the Plaintiff, deduct part of the overdue rent from the payment, and pay the overdue rent of KRW 10,320,00 as well as damages for delay at the rate of 5% per annum under the Civil Act from April 10, 2019 to the date following the delivery of a copy of the instant complaint, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, and shall return the monthly rent of KRW 1,650,000 from March 30, 2019 to the completion date of delivery of the instant store.

3. The plaintiff's claim for conclusion is justified and accepted.

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