(영문) 의정부지방법원고양지원 2020.10.22 2020가단6767

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2020.10.22 2020가단6767

건물명도 등

Text

The defendant shall pay to the plaintiff 6,650,000 won and from June 4, 2020 to June 1, 470.

Reasons

1. Basic facts

A. On October 24, 2019, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 3,000,000, monthly rent of KRW 1,400,000, value-added tax payment of KRW 0.5%, the lease period from November 4, 2019 to February 3, 2020 (hereinafter “instant lease contract”), and delivered the instant real estate to the Defendant.

B. By June 3, 2020, the Defendant, prior to the filing of the instant lawsuit, failed to pay rent of 15-day and surcharge of 6,650,000 won for April 15-months, and the instant complaint, stating the termination of the instant lease contract on the grounds of the unpaid rent, reached the Defendant on June 19, 2020.

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

2. The Defendant’s failure to pay two or more rents after the conclusion of the lease agreement to the Plaintiff is as seen earlier. As such, the said lease agreement was lawfully terminated upon the Plaintiff’s declaration of termination on the grounds of delinquency in rent at least two occasions.

Therefore, the Defendant is obligated to pay to the Plaintiff the rent or unjust enrichment calculated at the rate of KRW 1,470,000 per month from June 4, 2020 to the completion date of delivery of the instant real estate.

(1) The Plaintiff’s claim for delivery and withdrawal was withdrawn on the ground that the instant real estate appears to have been delivered. However, it is difficult to view the date of delivery as clear, and the date of delivery was not changed to the purport of the claim for future performance, thus ordering payment up to the date of completion of delivery). The Defendant should be excluded from the additional tax

Although there is a difference in the calculation of the unpaid rent, it is difficult to recognize the above fact only by the defendant's assertion and there is no other evidence to acknowledge it.

3. The plaintiff's claim is reasonable and acceptable.

유사 판례

-수원지방법원성남지원 2020.09.23 2019가단218089

-울산지방법원 2020.12.10 2019나15373

-수원지방법원 평택지원 2021.02.10 2020가단61254

-인천지방법원 2015.05.12 2014가단253964

-수원지방법원 평택지원 2017.01.17 2016가단7215