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(영문) 서울중앙지방법원 2016.01.14 2013가합84990

임대차목적물원상복구비용 등

Text

1. The Defendants jointly share KRW 58,978,971 to the Plaintiff and 5% per annum from December 2, 2013 to January 14, 2016.

Reasons

1. Basic facts

A. 1) On April 30, 2009, the Plaintiff entered into a lease agreement. The Plaintiff is a joint business corporation of Defendant Incorporated Rice Cooperatives Co., Ltd. (hereinafter referred to as “Defendant Joint Business Corporation”) and the Plaintiff’s petition life.

(A) the buildings listed in the separate sheet (hereinafter referred to as “instant building”) between them;

(2) As to the lease of 413.58 square meters on the 1st floor, a lease contract with a deposit of KRW 750,000,000,000,000,000 from May 10, 2009 to 24 months (hereinafter “instant lease contract”).

The main contents of the contract are as follows. The lessee of Article 4 is to use the first floor of the building of this case only for the grain sales market, and to compensate the lessor for damages caused by the tort, as well as to automatically terminate the lease contract of this case and the lessee shall order the lessee to restore it to its original state immediately. Article 5 of the lessee shall pay the management fees of KRW 1,485,00 (excluding value-added tax) at the same time as the rent and public charges (joint electricity charges, water supply and drainage charges) at the designated date. If the lessee of this case wishes to construct and repair the facility, he shall obtain prior consent and supervision from the lessor, and in any case, he shall not demand the lessor to use the facility costs and premiums, and shall also be ordered to restore it to its original state at the time of withdrawal. In principle, the lessor shall return the lease deposit to the lessor at the expiration of three months before the expiration of the contract. In addition, the lessee’s repayment of the lease deposit to the leased real estate after the renewal of the lease contract to its original state at the Plaintiff’s expense.