beta
Text
1. The defendant
(a) deliver the real estate listed in the separate sheet;
(c) As from May 31, 2014, 6,750,000 won and as above.
Reasons
1. Facts of recognition;
A. On October 9, 2006, the Plaintiff’s agent C entered into a contract with the Defendant on the lease deposit amounting to KRW 20 million, monthly rent amounting to KRW 150,000,000, and from October 30, 2006 to October 30, 2008, on the real estate listed in the separate sheet (hereinafter “instant real estate”).
(hereinafter “instant lease agreement”). B.
The Defendant asserted that the instant lease agreement has been terminated, and the Seoul Central District Court rendered a claim for refund of the deposit for lease and damages arising from the defect in the instant real estate as Seoul Central District Court Decision 201Ga3761, and the said court rendered a judgment on April 27, 2011 that “the Plaintiff shall pay to the Defendant the amount of KRW 23,935,000 and the amount of KRW 5% per annum from October 30, 2008 to February 26, 201, and the amount of KRW 20% per annum from the next day to the day of full payment,” which became final and conclusive around that time.
C. On June 3, 2014, the Plaintiff deposited KRW 37,564,835 as Seoul Northern District Court No. 1954, a deposit of KRW 37,564,835, which was the amount by the said judgment.
Meanwhile, the Defendant did not pay the monthly rent of KRW 6.75 million from September 1, 2010 to May 30, 2014 and the rent after May 31, 2014.
[Ground of recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 2, 3 and 4, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the above facts, the instant lease contract was terminated.
Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the overdue rent and damages for delay, unless there are special circumstances.
B. As to this, the Defendant asserts to the effect that the Plaintiff was obligated to pay consolation money because the Plaintiff was unable to repair the instant real estate properly, but in general, in a case where property damage was incurred due to the nonperformance of contractual obligations, the party to the contract received consolation money.