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(영문) 서울남부지방법원 2015.06.26 2015가단5471
건물인도 및 임대료
Text

1. The defendant's KRW 44,230,380 among the plaintiff and KRW 39,319,980 among the plaintiff's KRW 44,230,380 from May 10, 2015

6. up to 26.

Reasons

1. Basic facts

A. On April 26, 2006, the Plaintiff entered into a contract with the Defendant on the lease of the two stories 79 and 80 of Yeongdeungpo-gu Seoul Metropolitan Government Cju Complex Apartment apartment owned by the Defendant (hereinafter “instant commercial building”) to the Defendant, and the Defendant thereafter occupied and used the instant commercial building as “D Art Institute.”

B. As the Defendant did not pay monthly rent, the Plaintiff received from the Defendant on May 2, 2012 (i) payment of monthly rent of KRW 990,000 (including value-added tax) from May 1, 2012, and ii) payment of the unpaid rent of KRW 20,550,000 for the rent remaining until April 30, 2012, even if the unpaid rent was lowered, and ii) payment of the rent of KRW 26,550,000,000 for the rent remaining until April 30, 2012 was paid until February 28, 2013, and if so, payment confirmation was received (Evidence 2-2) that the interest shall be paid at the rate of 2% per month from the following day.

C. Even after the Defendant did not pay monthly rent to the Plaintiff, and delivered the instant commercial building to the Plaintiff on April 21, 2015.

The monthly rent of the Defendant in arrears is KRW 20,460,000, and the general management expenses, electricity and water supply fees, etc. for the Defendant in arrears are KRW 18,859,980 in relation to the use of the shopping district in this case.

[Grounds for recognition] Class A, Nos. 1, 2, and 6 (including paper numbers), the purport of the whole pleadings

2. According to the above basic facts, the Defendant: 44,230,380 won (i.e., KRW 18,859,980, such as monthly rent 2,0460,00 in arrears) and its 39,319,980 won among them, which is the date following May 10, 2015, on which a duplicate of the application for modification of the purport and reason of the instant claim was served, as the date of the instant judgment, as the Plaintiff seeks.

6. By the end of 26.26. 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date.

The plaintiff claimed damages for delay against the total amount of KRW 44,230,380, but the above amount includes interest of KRW 4,910,400 at the rate of 2% per month for overdue rent.

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