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(영문) 서울중앙지방법원 2017.10.26 2017가합507347

임대차보증금

Text

1. The Defendant’s KRW 3,611,483 as well as the Plaintiff’s KRW 6% per annum from August 24, 2016 to October 26, 2017.

Reasons

1. Facts of recognition;

A. On September 3, 2015, the Plaintiff: (a) leased from the Defendant the entire instant lease agreement with the Defendant during the period from September 15, 2015 to September 24, 2017 (hereinafter “instant lease agreement”); (b) on the same day, the Plaintiff paid the deposit to the Defendant on the same day, with the entire monthly rent of KRW 6 million (payment after the 6 million following each month); (c) lease deposit KRW 90,000,000; and (d) lease from September 15, 2015 to September 24, 2017.

B. The Plaintiff did not fully pay the rent to the Defendant from the date of lease to January 2016, 2016.

On February 16, 2016, the defendant demanded the preparation of a written agreement with the defendant as follows, and the plaintiff prepared a written agreement with the defendant.

(2) If a lessee fails to lease the instant cartel to a third party by May 5, 2016, the lessee is entitled to lease the instant cartel to a third party with a deposit of KRW 80,00,000 (Additional Tax), monthly rent of KRW 4,50,00,00 (Additional Tax), while operating the said agreement by May 5, 2016, the lessee is entitled to terminate the lease agreement with the lessee by paying the lessee the balance of the rent of KRW 18,00,000 and public charges for three months from the deposit.

3 In leasing to a third party, the lessee shall actively cooperate with the lessor, to faithfully implement the contents of the consultation, and to not raise an objection after the consultation is reached.

C. After that, the Plaintiff failed to seek a third party to rent the instant cartel, and on May 5, 2016, delivered the instant cartel to the Defendant.

Even at this time, the Plaintiff did not pay to the Defendant the difference under the instant lease agreement.

Accordingly, the Defendant shall pay a monthly rent of KRW 42 million for seven months from the deposit under the instant lease agreement, rent of KRW 18 million for three months, unpaid public charges of KRW 2,724,00, and since May 5, 2016.