beta
(영문) 서울중앙지방법원 2017.05.19 2016가합1200

임대차보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established pursuant to the laws of the Republic of Korea and engaged in domestic and foreign real estate consulting, trade business, etc., and the Defendant is a company established pursuant to the Vietnam Act and engaged in real estate construction and lease business. Article 2 (Contract Period, Termination of Contract, and Transfer of Rights during Contract)

1. The term of this lease shall be from September 1, 2009 to September 30, 2019.

The rent between September and September shall be exempted, and the rent shall be calculated on October 1.

B shall make a prior payment of the rent of a building not later than October 15.

After the conclusion of this contract, if Party B does not deposit to Party B within the prescribed period, Party B shall notify Party B of its correction for a fixed period of 15 days, and if Party B does not deposit to Party B within the prescribed period of time (not later than October 31), this contract shall be automatically terminated.

In such cases, the security deposit under Article 3 (1) shall be vested in A, and Eul shall waive the security deposit.

2. B shall not engage in unilateral mid-term damage during the term of the lease agreement. If the termination is made, the remaining rental deposit and the remaining rent paid for a term shall be reverted to A.

3. Although Eul faithfully implemented all the provisions, such as the payment of the rent of this lease agreement, if Gap unilaterally terminated the contract, it shall reimburse twice the remainder of the lease deposit and the rent of the return-paid rental.

4.B may transfer to a third party during the term of lease the rights to the remainder of lease under the same conditions (business type, rent, etc.) as that of this contract, and at the time of transfer, the rights may be transferred to a third party after consultation with A.

5.This Agreement shall automatically terminate upon the expiration of the contract term and may be negotiated for at least 30 days upon notification to A at least six months if B wishes to hold office.

Article 3 (Rental Deposit)

1. The lease deposit shall be US$ 833,400;

2. The lease deposit shall not be refunded.