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(영문) 서울남부지방법원 2016.08.24 2016가단211068
원상회복 및 건물인도
Text

1. The defendant shall be the plaintiff.

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

(b)(1) 5,643,750 won and this shall apply.

Reasons

1. On October 28, 2014, the Plaintiff: (a) indicated on the [Attachment List 5] to the Defendant on KRW 50,000,000 for KRW 30,000 for monthly rent 2.5 billion; (b) the Plaintiff leased KRW 50,000 for KRW 250,000 for KRW 36 months from November 1, 2014 to October 31, 2017; (c) the Plaintiff calculated the amount of KRW 50,000 for KRW 25,000 for KRW 100 for monthly rent x 360,000 for KRW 50 for KRW 25,000 for KRW 25,000 for KRW 25,000 for KRW 15,000 for KRW 25,000 for the instant rent x 305,000 for the instant rent x 250,000 for the instant case’s delay 2515.

Thus, the defendant should issue an order to the plaintiff, barring special circumstances. The defendant should pay the amount calculated by the ratio of KRW 27.6 million to KRW 2.7 million per month from March 1, 2016 to KRW 2.75 million per month from March 1, 2016 as overdue rent, and delay damages.

2. Judgment on the defendant's assertion

A. (1) Since a lessor’s duty to provide a lessee with the leased object for a normal use and profit-making under a lease agreement and a lessee’s duty to pay the leased object is in response to each other, the lessor is obligated to allow the lessee to use and benefit from the leased object.

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