beta
(영문) 수원지방법원성남지원 2014.12.31 2013가단218049

보증금반환

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 853,00 and the Defendants B from March 20, 2014; and Defendant C from March 20, 2014.

Reasons

1. Presumed factual basis

1. The Plaintiff and the Defendants agree to implement the terms and conditions of the said contract with respect to the lease agreement concluded on September 27, 2011 with respect to the land E, 111 and 112 (hereinafter “instant commercial building”), both D and 3 lots of E, Masi-si (hereinafter “instant commercial building”).

2. The Plaintiff and the Defendants changed the rental deposit under the said lease agreement to KRW 120,00,000 that the Plaintiff paid at present, and the Plaintiff shall pay the water supply and electricity charges incurred from May 1, 2012 to the administrative agency imposing the said commercial building in a manner that directly pays the water supply and electricity charges.

3. The Plaintiff and the Defendants agree to pay KRW 4,350,000,000 per month, plus KRW 7,00,000 per month, which is the amount agreed upon as monthly management expenses under the above lease agreement, from KRW 52,20,00,000, calculated by deducting KRW 2,00,000,000, which is the amount of compensation paid for delayed payment of the time when the Plaintiff started the use as set forth in paragraph 6 below, by collectively deducting KRW 120,00,000 from KRW 120,00,000 at the time of the termination of the above lease agreement as set forth in paragraph 6. < Amended by Presidential Decree No. 23888, Sep. 26, 2012>

4. On or after September 27, 2012, the Plaintiff, from the Defendants (120,000,000-50,200,000) to the date when the name of the said commercial building was completed, issued an order from September 27, 2012 to the Defendants to pay the remaining amount of money calculated by deducting the amount calculated at the rate of KRW 4,350,000 per month from the monthly rent and management expenses of the said commercial building from September 27, 2012 to the date when the name of the said commercial building was completed.

5. The Defendants jointly and severally, after September 27, 2012, shall pay the Plaintiff the remainder of the amount calculated by deducting the amount calculated by the ratio of KRW 69,800,000 (120,000,000-50,200,000) to the monthly rent and management expenses for the said month from September 27, 2012 to the completion date of the name of the said commercial building from September 27, 2012.

6. The Defendants are required to allow the Plaintiff to use the said commercial building from May 8, 2012.