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(영문) 서울중앙지방법원 2019.04.26 2018가합535561

임대차보증금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 227,464,312, respectively, to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from July 25, 2018 to April 2019.

Reasons

1. Basic facts

A. In the event that the contract of this case is to be terminated earlier, the plaintiffs and the defendant must notify the other party in writing six months prior to the conclusion of the contract of this case.

(2) Where a contract is terminated due to any cause falling under Articles 4 (1) and 16, the penalty equivalent to the rent for three months shall be paid to the defendant.

Article 7 (Management Expenses and Taxes) (1) The plaintiffs shall pay 9,520,000 won (excluding value-added tax) as management expenses each month to the defendant by the end of the relevant month.

(2) The exclusive electricity charge shall be borne by the Plaintiffs’ separate installation of measuring instruments due to the failure to use the measuring instruments, and shall be paid to the lessor by the end of each month.

Article 19 (Cancellation of this Agreement) (1) When this Agreement is terminated, the Plaintiffs shall remove the Plaintiffs’ owned property and property within the expiration date, and the Defendant shall return the Defendant’s property and order the Defendant to deposit all the leased property.

(2) Facilities attached to the Plaintiffs, partitions, and other structural modifications shall be removed at their expense and restored to the original state at the time of the conclusion of this contract.

Provided, That this project shall be excluded from outer wall construction and partitions borne by the defendant.

(3) If the Plaintiffs fail to take out their own property and properties or to issue an order after restoring the leased property to its original state for any reason, the Plaintiffs shall pay to the Defendant an amount equivalent to twice the ordinary rent from the date when this contract is terminated until the date when it is actually stipulated or restored.

(4) Rent and management expenses shall be paid even during the period of reinstatement.

1) The Plaintiffs leased the 5th floor of the Seoul Gangnam-gu D building from the Defendant around February 1, 2010, and from February 1, 2010, the buildings indicated in the attached list on the 3rd floor of the said D building (hereinafter “instant building”).

(b).