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(영문) 서울중앙지방법원 2017.09.11 2017가단5023588
건물명도(인도)
Text

1. As to KRW 5,157,310 and KRW 1,600,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 5,157,310 from November 14, 2016, KRW 1,600,00.

Reasons

On May 2, 2016, the Plaintiff: (a) leased the instant officetel No. 1415 (hereinafter “the instant officetel”) of Gangnam-gu Seoul Building as the lease deposit amount of KRW 20,00,000; (b) monthly rent of KRW 1,350,00; and (c) on May 14, 2016 through May 1, 2017; (b) the Plaintiff sublet the instant officetel to the Defendant with the consent of C; (c) the terms and conditions of the sublease the instant officetel to the Defendant with the consent of C; (d) the lessee would pay KRW 1,80,000 as the deposit amount of KRW 1,60,000 on every 13 advance payment; and (e) the Plaintiff would have to pay KRW 30,000 per month’s late payment; (e) the Plaintiff would have to pay KRW 50,000 per month’s late payment; and (e) the Plaintiff would have to pay KRW 100,013,1316,130,216.16.

According to the above facts, the defendant is obligated to pay the plaintiff the overdue rent, settlement payment, and delay damages as stipulated in the above sub-lease contract to the plaintiff.

The above sub-lease contract provides that the defendant shall pay damages for delay calculated at the rate of 5% per month for the unpaid rent, because it is scheduled to pay damages for delay, if it is unreasonably excessive, the court may reduce the amount reasonably. In light of the rent amount, etc. stipulated in the above sub-lease contract, it is reasonable to reduce the estimated amount of damages for delay to 20% per annum.

Therefore, the Defendant’s KRW 5,157,310 [=The 4,800,000 overdue rent from November 13, 2016 to January 13, 2017] to the Plaintiff (=monthly).

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