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(영문) 대전지방법원홍성지원 2020.06.17 2019가단35025
건물명도(인도)
Text

A claim for damages for delay against future rent and a claim for the payment of public charges borne by the defendant in the lawsuit of this case.

Reasons

Facts of recognition

A. On May 10, 2019, the Plaintiff, among the buildings located in Chungcheongnam-gun C, was in office with the Defendant as of May 10, 2019, with the lease deposit of KRW 1.2 million, monthly rent of KRW 1,386,00 (including additional tax, implied payment), monthly rent of KRW 18 days, May 19, 2019 to May 18, 2021, with the lease term of KRW 124.31 square meters (hereinafter “instant real estate”).

B. The Defendant did not pay three or more times of arrears, and the Plaintiff notified the Defendant that the contract was terminated if it did not pay the unpaid rent by October 11, 2019. However, the Defendant did not pay the said rent.

(c) The sum of the unpaid rents and the unpaid amount of public charges from May 2019 to October 2019 is KRW 8,581,360.

On the other hand, the defendant's mother-friendly D transferred KRW 1,380,000 to the plaintiff's account on February 18, 2020 after the plaintiff filed the lawsuit of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Plaintiff’s claim for damages for delay against future rent, which may arise in the Plaintiff’s lawsuit on the legitimacy of the lawsuit, is sought in advance as to the rent for which the maturity date has not yet arrived. The part claiming the payment of the Defendant’s public charge is not specified, and is all unlawful.

Therefore, the part of the claim is dismissed.

3. According to the above facts of recognition as to the cause of the claim, since the lease contract between the plaintiff and the defendant was terminated due to the defendant's delinquency in rent, the defendant is obligated to deliver the real estate of this case to the plaintiff.

In addition, the defendant is obligated to pay to the plaintiff the unpaid amount of public charges of KRW 8,581,360 and damages for delay calculated at the rate of 12% per annum from the day after the delivery date of a copy of the complaint of this case to the day of complete payment. The defendant is also obligated to pay damages for delay calculated at the rate of 12% per annum as requested by the plaintiff

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