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(영문) 서울남부지방법원 2015.10.23 2014가단53176
상가명도 등
Text

1. The Defendant paid KRW 6,978,176 to the Plaintiff KRW 5% per annum from February 25, 2015 to October 23, 2015.

Reasons

1. Facts of recognition;

A. On July 26, 2013, the Plaintiff (hereinafter “Plaintiff”) and the Plaintiff’s administrator of the Plaintiff’s rehabilitation debtor entered into a contract with the Defendant to lease KRW 25,00,000 for deposit money of KRW 17.88m2 in the E-road shopping mall located in Yeongdeungpo-gu Seoul Metropolitan Government, and for rent of KRW 1,80,00 for rent of KRW 1,80,00 for rent of KRW 1,80 for rent of KRW 1,80,00 for rent (excluding value-added tax), actual expenses for management expenses (hereinafter “value-added tax separate”), and the period from August 13, 2013 to August 12, 2016 for lease.

B. The Plaintiff and the Defendant concluded the following agreements at the time of the contract:

① Where the Defendant delays the rent and management expenses, 12% per annum; 13% per annum if the period in arrears is less than one month but less than three months; 14% per annum if the period in arrears is more than three months but less than six months; and 15% per annum if the period in arrears is more than six months; 2. Where the Defendant delays the rent and management expenses for more than three months, the Plaintiff may terminate the contract; however, when the contract is terminated, the Plaintiff shall return the money after deducting the overdue rent and management expenses, etc. from the deposit; and at the same time, the Defendant shall restore the store to its original state and deliver it; and 3. Where the contract is terminated even if the contract is terminated due to a reason under the Defendant’s responsibility, 10,000 won

C. From February 2014, the Defendant delayed the rent and management expenses, and the lease was terminated on September 12, 2014, following the Plaintiff’s declaration of intent to terminate the contract to the Defendant on August 26, 2014.

The Defendant, while leaving the store on January 1, 2015, notified the Plaintiff of the purport thereof on January 5, 2015. On February 25, 2015, the Plaintiff received the delivery of the store by becoming aware of the password of the entrance door on the third day for pleading.

E. From February 2, 2014 to December 2, 2014, the Defendant’s unjust enrichment equivalent to the overdue rent or rent, management fees, and late payment charges up to February 25, 2015 (hereinafter “ late payment charges, etc.”) in total are KRW 29,178,176 Plaintiff and expenses incurred in restoring the store to its original state. 1,80,000,000.

F. Meanwhile, on the other hand.

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