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(영문) 서울북부지방법원 2016.08.24 2014가합7159

임차보증금반환등

Text

1. The defendant shall deliver real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time, KRW 70,400,516 to the plaintiff.

Reasons

1. Basic facts

A. On May 29, 2005, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C on the ground floor 129.7 square meters (including the shared area) of the underground floors and the 8th E-building located in Dongdaemun-gu Seoul Metropolitan Government as indicated in the attached list (hereinafter “instant building”).

Article 2 (Lease Deposit) Lease Deposit: (10 million won payment method (1) KRW 70 million shall be paid on June 29, 2005, and (2) any balance of KRW 30 million shall be paid on December 31, 2005.

Provided, That this contract shall be automatically cancelled when it is not possible to pay the deposit money and the deposit money for lease within the payment deadline, and the plaintiff shall not demand the return of the down payment.

Article 3 (Term of Lease) The term of contract under Article 3 (Term of Lease) shall be six months from July 1, 2005 to December 31, 2005.

Provided, That where the plaintiff intends to extend the contract term, if a written application is filed by two months prior to the extension, the lessor may renew the contract according to the circumstances of the lessor if he/she faithfully performs all the duties of the plaintiff.

Article 4 (Rent) The Plaintiff shall pay 1.4 million won as monthly rent to the location of the lessor’s designated location as of the end of each month.

(Additional Tax Burden) When cancellation is intended within the lease period under Article 5 (Cancellation within the Lease Period), the lessor and both plaintiffs shall notify the other party of the termination of the lease contract two months in writing.

When the plaintiff intends to cancel within the contract period, he/she shall waive the rent for one month, and when the lessor cancels the contract period, he/she shall refund the rent for one month to the plaintiff.

Provided, That at the time of cancellation due to a port, the plaintiff immediately ordered the lessor to order the object of use, and the lessor shall refrain from the deposit after three months from the date of the water supply.

Article 6 (Restriction on Use) The plaintiff is a dance hall for the use of the object and does not permit the use of other types of business. The business or factory of the authority is the manufacturing business or factory.