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(영문) 수원지방법원 2020.10.15 2020가단528734
건물
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 7,700,000 won and as regards it, 2020.

Reasons

1. Basic facts

A. On June 11, 2019, the Plaintiff and the Defendant concluded a lease agreement with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as set forth in the deposit KRW 10,00,000, monthly rent KRW 700,000, and the rental period from June 16, 2019 to June 15, 2021.

(hereinafter “Lease of this case”). (b)

From June 16, 2019, the Defendant did not pay the rent, and on April 9, 2020, the Plaintiff sent to the Defendant a certificate that the instant lease contract is terminated due to the delinquency in rent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was terminated on April 9, 2020 on the grounds of the Defendant’s delay of at least two years of lease, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff a rent of KRW 700,000 per month from June 16, 2019 to the completion date of delivery of the instant real estate, or a rent of unjust enrichment equivalent to the rent of KRW 700,00 per month.

The Plaintiff asserts that it is the tea of the instant lease agreement is KRW 770,00,00, including value-added tax, but there is no evidence to prove that the Defendant agreed to pay the amount equivalent to the value-added tax on the rent at the time of the instant lease agreement. Therefore, the Plaintiff’s assertion on this part is rejected.

Therefore, the defendant, from June 16, 2019 to May 15, 2020, as to the plaintiff, 7,700,000 won (i.e., 70,000 won x 11 months) or unjust enrichment equivalent to the rent (i.e., 70,000 won) from June 16, 2019 to May 15, 2020, which is the day following the delivery date of a copy of the complaint of this case, is deemed reasonable to dispute as to the existence or scope of the defendant's duty of performance from May 22, 2020 to Oct. 15, 2020, and 5% per annum under the Civil Act from the following day to the day of full payment.

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