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Reasons
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(영문) 춘천지방법원강릉지원 2017.11.29 2016가단4941
건물명도 등
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1. The Defendant’s KRW 8,287,626 and those of the Plaintiff:

(a) From July 30, 2016 for KRW 3,105,536:

(b) 5,182,090 won;

Reasons

1. Basic facts

A. On September 5, 2014, the Defendant leased the building on the part of Gangseo-si C (hereinafter “instant building”) owned by the Plaintiff from the Plaintiff, KRW 3 million, monthly rent of KRW 500,000,000,000 from September 5, 2014, to September 4, 2016 (hereinafter “instant lease agreement”), and paid the Plaintiff KRW 3 million,00,000,000,000,000, monthly rent of KRW 10,000,000 to the Plaintiff.

B. On April 14, 2016, the Defendant agreed to terminate the instant lease agreement with the Plaintiff and deliver the instant building by June 30, 2016 (hereinafter “the instant agreement”). On March 6, 2017, the Defendant handed over the instant building to the Plaintiff.

[Reasons for Recognition: Facts without dispute, Gap 1's evidence, Gap 2's evidence, Gap 3's evidence, the purport of whole pleadings]

2. Assertion and determination

A. Determination as to the Plaintiff’s claim for overdue rent and unjust enrichment arising until June 13, 2016 1) The Defendant paid only the rent for May 2015 and did not pay the rent thereafter.

The Defendant is obligated to pay to the Plaintiff KRW 3,50,000,000 calculated by subtracting the deposit from KRW 6,500,000,000,000,000, which is the aggregate of the rents from June 2015 to April 2016, and the rents from May 2016 to June 6, 201.

B) The Defendant’s overdue rent obligation from June 5, 2015 to April 14, 2016, when the instant lease contract was terminated, 5,166,66 won (=50,000 won + (10/30 days per October), 30 days per annum, hereinafter the same shall apply).

[] The defendant's obligation to return unjust enrichment occurred from May 15, 2016 to June 13, 2016 is 983,870 won [=50,000 won x (1 month 30/30 days x 31 days)]. 2) The defendant asserts that the defendant's defense was fully paid 3 million won by April 14, 2016, 1.5 million won for three-month rent, and 4.5 million won for three-month rent, excluding the remainder.

In case where the lessor of the lease contract claims the overdue rent, the lessor shall claim the rent.

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