beta
(영문) 서울중앙지방법원 2016.06.03 2015가단5075035

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1, 2, 3, 4-1, 2, 5, 6, 7, 8, 9, 1, 3, 1, 3, and 11.

The Defendant entered into a commercial lease agreement with B on October 9, 2009 with respect to the lease deposit amount of KRW 25,00,000,000 monthly rent, KRW 2,00,000 (excluding value-added tax), management expenses (excluding value-added tax), and KRW 100,000,00 from October 11, 209 to October 11, 201, with respect to the third floor neighborhood living facilities (hereinafter “instant building”) located in Gangnam-gu Seoul Metropolitan Government (Seoul Metropolitan City, Gangnam-gu”) (hereinafter “instant lease agreement”), which are located in B, with the delivery of the occupation portion of this case from B, and operated a dan as “E”. The following parts related to the lease agreement of this case are as follows.

Article 4 (Rent B) If Sheet “B” fails to pay monthly rent to “A” by the last day of the preceding paragraph, the rent in arrears shall be paid in addition to the amount equivalent to 3% of the rent in arrears every month as an administrative fine.

Article 5 (Management and Maintenance Expenses) Article 4 (2) and (3) shall apply where "B" fails to pay the management and maintenance expenses by the date referred to in the preceding paragraph, or where the term of lease begins or terminates during a month.

Article 19 (Name of Do and Restoration to Original State) If “B” fails to remove the property or property owned “B” for any reason, or if it is impossible to order it by restoring the leased property to its original state, “B” shall pay the amount equivalent to twice the ordinary rent from the date of termination of this Agreement to the date of its actual life or restoration, as damages, to “A”.

B. The Plaintiff on April 2013.