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(영문) 서울중앙지방법원 2018.08.23 2017가단110456

추심금 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 29, 2016, the Defendant entered into a lease contract with the Grand Mar. 23, 2016, with respect to the real estate stated in the separate sheet (excluding value-added tax) as the lease deposit, the lease deposit of KRW 300,000,000, monthly rent of KRW 20,000 (excluding value-added tax) from March 23, 2016 to March 23, 2021.

B. On August 28, 2017, the Defendant filed an application against Grand Marart for damages to file a lawsuit, and a compromise was concluded including the following matters:

1. On March 23, 2021, on the expiration of the lease term, Ireland shall return from the Defendant the lease deposit after deducting the rent, liquidated damages, management expenses, taxes and public charges, penalty, penalty, and damages, and at the same time restore the real estate stated in the separate sheet to the Defendant and deliver it to the Defendant.

(hereinafter omitted)

2. The defendant may, where any of the following causes occurs to Grand Marart before the term of lease expires, notify Grand Marart of its implementation in writing for a fixed period of not less than 10 days, and when Grand Marart fails to perform its obligation during that period, the lease contract may be terminated after written notice:

(b) Where he/she delays the payment of taxes, public charges, and monthly rents for at least three years;

(c) Where the total amount of monthly rents and public charges and management expenses (including public charges and management expenses, such as electricity and water supply) payable by the relevant Grand falls under the portion of monthly rents for three years.

(d) Where an application for seizure of claims against the security deposit is filed with respect to the lease deposit due to other debts, etc. of Ireland and any other debts.

4. If there exists a legitimate termination as stipulated in paragraphs (2) and (3) of the above, Ireland shall immediately restore the real estate of this case to its original state and deliver it to the defendant at the same time, at the same time, after deducting rent, liquidated damages, management expenses, taxes and public charges, penalty, penalty, and damages for lease from the defendant.

5. if it delays the obligations of delivery set out in paragraphs 1 and 4;