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(영문) 부산지방법원 2016.03.25 2015가단60043
임대료
Text

1. The Defendants jointly and severally against the Plaintiff KRW 20,716,047 and KRW 18,843,886 among them, Defendant B Co., Ltd.

Reasons

1. Basic facts

A. On January 2, 2012, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with respect to the Busan East-gu Office for the following terms:

- 20,000,000 - 800,000 per month for lease deposit - Payment on the fifth day of each month - Payment of arrears at the rate of 18% per annum for overdue rent and management expenses.

B. When the Defendant Company delayed the payment of rent and management expenses, the Plaintiff was prepared with a written undertaking to pay all unpaid rent, management expenses, and arrears therefrom from the Defendant C, the actual manager of the Defendant Company, to June 29, 2015, including KRW 21,192,548, and the rent, management expenses, and arrears incurred thereafter.

After that, the Defendants paid part of the amount to the Plaintiff, but did not pay 18,843,886 won in arrears and the balance of management expenses until July 31, 2015.

The overdue interest calculated at the rate of 18% per annum until August 20, 2015 on this amount is KRW 1,872,161.

(The details of annual rent, management fee, and overdue interest shall be as shown in the attached Table).

The Plaintiff sold all the buildings including the above office parts, and completed the registration of ownership transfer on July 31, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to Gap evidence 8, the purport of the whole pleadings

2. According to the above facts of determination, Defendant C, a lessee, is jointly and severally liable to pay the Plaintiff the rent and management expenses incurred until July 31, 2015, and the interest rate of KRW 1,872,843,886, and the Plaintiff’s interest rate of KRW 1,872,161, total amount of KRW 20,716,047, and delay damages for KRW 18,843,886.

The plaintiff is entitled to seek the payment of overdue interest of KRW 1,872,161, but it has the nature of overdue interest, so it is not acceptable to seek the payment of overdue interest again.

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