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(영문) 서울중앙지방법원 2019.06.25 2019가합501947

임대차보증금

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 1,256,970,000 as well as the full payment from April 30, 2019.

Reasons

1. Facts of recognition;

A. On September 15, 2017, the Plaintiff leased (a total of eight floors, lease area of 901.9 square meters; hereinafter “instant building”) 4,5,66,7,12,13,14,15 floors above ground in D buildings outside Gangnam-gu Seoul and one parcel of land (hereinafter “instant building”) from the Defendant during the period from March 1, 201 to February 29, 202, on a deposit of 2.58 billion won, monthly rent of 258.69 million won ( separate value-added tax), monthly management expenses of KRW 54,461,00 ( separate value-added tax), monthly management expenses of KRW 54,61,00 (excluding value-added tax), and the period from March 1, 2018 to February 29, 2024 to KRW 500,500,000,000 won (hereinafter “instant lease contract”) to the Defendant over the period from September 15, 2017.

B. According to the instant lease agreement, the Plaintiff shall pay the above rent, building management expenses and various expenses (Provided, That if the lease contract period commences or terminates on the monthly basis, the amount shall be calculated on the basis of the actual number of days) to the Defendant by the end of each month (Article 6(1) and Article 6(2)), and if payment is delayed, the unpaid amount shall be paid by adding the damages for delay calculated at the rate of 18% per annum to the unpaid amount (Article 8(2)). If the Plaintiff fails to pay the above payment for at least two months from the respective due date, the Defendant may terminate the instant lease contract without the peremptory notice (Article 20(2)). In this case, the Defendant shall pay the amount agreed separately to the Plaintiff (i.e., monthly rent and building management expenses by eight months) to the penalty

(Article 20(3) of the Special Agreement, Article 6 of the Special Agreement, and the Special Agreement on the Settlement of Contracts (hereinafter “instant Contract”). On the other hand, according to the Special Agreement, the Defendant is exempted from the following: (i) the Defendant is the vehicle for 3,4,5 months in 2018; (ii) the vehicle for 9,10,11 months in 2019 to 2020; (iii) the vehicle for 10,11 months in 2021 to 2023; and (iv) the vehicle for 10,11 months in 200 to 2023 (Article 2 of the Special Agreement); and (v) the period for occupancy (the interior, etc.) (the period from December 1, 201 to February 28, 2017). However, the building management expenses shall be 50% (Article 5 of the Special Agreement).