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(영문) 서울고등법원 2016.06.30 2015나2065965

임대차보증금반환

Text

1. The supplementary participation of the Defendant (Counterclaim Plaintiff) and the Intervenor is not permitted;

2. The judgment of the court of first instance is an action.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On June 3, 2013, the Plaintiff entered into the instant lease agreement with the Defendant.

1. A lease agreement is concluded with respect to the real estate listed in paragraph (3) of the same Article (hereinafter “the instant lease agreement”) as indicated in the list to the effect that KRW 105,341,00 for lease deposit, monthly rent 11,342,482 for management expenses, and KRW 6,796,328 for management expenses ( separate from each value-added tax), and the lease term for the period from May 12, 2013 to May 11, 2017 (hereinafter “the instant lease agreement”), and around that time, the said lease deposit was paid to the Defendant and received the delivery of the instant lease object from the Defendant.

Article 1 (Indication of Rental Objects)

2. The plaintiff may use the leased object for a business facility, and to the extent necessary for the proper use and enjoyment of the leased object, the public area and the public facility in the original building may be used.

Article 4 (Rents and Maintenance Expenses)

1. The Plaintiff shall pay the monthly rent of KRW 11,342,482 (excluding value-added tax) to the Defendant by the 25th day of each month (if on holidays, the following business day).

Provided, That where the term of lease commences or terminates during a month, it shall be calculated according to the number of days actually used.

2. Notwithstanding paragraph 1 above, the Plaintiff does not assume the obligation to pay rent for the following periods during the lease agreement.

Provided, That the rent shall be exempted for this period, but the management fee shall be counted.

1) One-month rent from May 12, 2013 to June 11, 2013) from May 12, 2013 to one-month rent 2) from May 12, 2014 to June 11, 2014

3. The Plaintiff shall calculate the cost of cleaning, cost of cleaning, and all other management costs incurred due to the ordinary use of the lessee (hereinafter referred to as “management cost”) as KRW 6,796,328 (excluding value-added tax) per month from the date of the conclusion of this contract, and pay it by no later than the 25th day (if on holidays, the next business day) of the month.

Provided, That the lease period shall be the period during a month.