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(영문) 서울중앙지방법원 2020.03.26 2019가단5092526

예치금

Text

1. The Defendant’s KRW 94,129,300 as well as its annual 6% from March 23, 2019 to March 26, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who operates a public parking lot with the trade name of “D,” and the Defendant is a company that manufactures and installs the automobile main loan system.

B. On December 18, 2017, the Plaintiff entered into a contract for the equipment lease of which the Plaintiff rents equipment (hereinafter “instant equipment”) with the Defendant, which is installed in the aforementioned parking lot (F 1, 2, 3, G 1, 2, and 3 parking lots; hereinafter “instant parking lot”) between the Defendant and the Defendant on December 18, 2017, in order to reduce the management personnel while obtaining a successful bid from the Seoul Special Metropolitan City E business Headquarters for the F and G public parking lot operation (up to January 31, 2019), and reflects the purport of Article 2(2) of the agreement to terminate the lease where the Plaintiff fails to receive a successful bid again from the Seoul Special Metropolitan City after the expiration of the operation term (hereinafter “instant contract”).

hereinafter referred to as “instant special agreement”

[A] The part relating to this case in the contract of this case is as follows (hereinafter referred to as "A" and "B" refers to "the plaintiff" and "the defendant".

(i) the lease period under Article 2 (Period of Lease) (1): The lease period may be shortened at the request of A on January 2, 2018 - January 1, 2021); provided, however, that A may not shorten the lease period for the first 13 months (Provided, That A may not shorten the lease period for the first 13 months;

(3) At the time of the reduction of the lease term under paragraph (2) above, A shall bear the costs of removal of equipment and parking failure construction costs.

Article 3 (Conditions for Payment of Construction Amount and Lease Amount) Deposit: KRW 100 million (Additional Tax Table) (1) Deposit shall be paid to Section B at the time of the contract. (2) Upon the termination or termination of the lease contract, Section B shall refund the deposit to Section A. (Provided, That if there is any amount to be settled at the time of the termination of the lease contract, Section B shall deduct it from the deposit.