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(영문) 대전지방법원천안지원 2019.07.19 2017가합103323

임대차보증금

Text

1. The Defendant’s KRW 536,463,968 as well as the Plaintiff’s annual 5% from December 1, 2017 to July 19, 2019, and the following.

Reasons

1. Basic facts

A. 1) On April 10, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant with the Defendant on April 10, 2013, the part concerning the restaurant of the first basement, the first floor, the third floor, and the third floor above ground (hereinafter “instant building”) among the ground buildings D in the Yannam-gu Seoul Special Metropolitan City, Dong-gu D, Seoul Special Metropolitan City.

B) From May 6, 2013 to May 5, 2018, the term of lease was determined as KRW 600,000,000, monthly rent of KRW 38,500,000, and the lease agreement was concluded (hereinafter “instant lease agreement”).

(2) With respect to the instant lease agreement, the Plaintiff and the Defendant entered two lease agreements as follows: (a) No. 1: The area of the third-story restaurant among the instant building is indicated as 163.206m2; and (b) KRW 60 million among the lease deposit, the intermediate payment of KRW 240 million is paid on April 16, 2013, and the remainder of KRW 300 million is paid on May 6, 2013 at the time of the contract. Article 4(2) provides that “The part of “building and the Defendant shall bear costs, such as repair of the facilities attached to the building and the building,” among the parts written in the same text as “the Plaintiff bears the Plaintiff’s seal. Both parties’ columns are written in the same text, and the Plaintiff and the Defendant’s seal is stipulated as KRW 300,000,000 in the intermediate payment of KRW 30,000,000,000,000.

Article 4 (2) provides that "The plaintiff shall bear expenses incurred in repairing defects, etc. of facilities attached to a building or a building."

In the party column, the resident registration number and the plaintiff's personal information of the defendant representative director are written, and the defendant's seal and the plaintiff's signature are affixed.

3. The Plaintiff is a security deposit for the instant lease agreement to the Defendant; KRW 60 million on April 11, 2013; and April 201, 2013.