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(영문) 대구지방법원서부지원 2016.04.07 2015가단11087
임대료
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From February 29, 2016, the amount of KRW 8,500,00 and KRW 8,500.

Reasons

1. Basic facts

A. On August 30, 2011, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant as the lease deposit amounting to KRW 10 million, monthly rent of KRW 500,000, and the lease period of KRW 24 months.

(hereinafter “instant lease agreement”). B.

However, the Defendant paid only KRW 5 million among the deposit to the Plaintiff, and was in arrears for more than two months from September 1, 2011.

C. On October 16, 2015, the Plaintiff submitted to this court a preparatory document containing the declaration of intention of termination on the ground of delinquency in rent and five million won among the instant lease deposit, and the said preparatory document was deemed to have been served on the Defendant on October 27, 2015.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 through 4 (including virtual numbers), and the purport of the whole pleadings

2. According to the allegations and the facts found as above, the instant lease agreement was terminated on October 27, 2015, which served on October 16, 2015, including the Plaintiff’s declaration of intention of termination on the grounds of delinquency in rent, five million won among the instant lease deposit and the Plaintiff’s declaration of termination on the grounds of delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and even after the termination of the instant lease agreement, the Defendant obtained the benefit of the rent equivalent to the rent by occupying and using the instant building without any title, and thereby caused the damage equivalent to the same amount to the Plaintiff.

Furthermore, according to the overall purport of the statement and arguments by Gap evidence No. 1 as to the amount of overdue interest or the amount of damages to be paid by the defendant to the plaintiff, among the total amount of 53 months from September 1, 2011 to January 31, 2016, the Plaintiff’s total amount of rent and the amount of 26 million won (=52 months x 500,000 won) accrued during the 52-month period after the termination date of the instant lease contract, which was calculated by subtracting one month from which the Plaintiff voluntarily exempted from payment, among the total amount of 53 months from September 1, 2011 to January 31, 2016 (i.e., the total amount of rent and the amount of 52 months x 500,000 won) that the defendant incurred on December 31, 2013; and (ii) March 16, 2014;

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