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(영문) 수원지방법원 2018.12.20 2017가단12611
임대차보증금등반환
Text

1. The Defendants’ respective Plaintiff KRW 29,350,903 as well as 5% per annum from April 15, 2017 to December 20, 2018.

Reasons

Facts of recognition

On March 10, 2016, the Plaintiff leased (i) Nos. 201, 202, and 203 (hereinafter “instant building”) from the Defendants from March 10, 2016 to March 9, 2017, (ii) the lease term from March 10, 2016 to March 9, 2017, (iii) the lease deposit amount of KRW 80,000, and (iv) the rent of KRW 5,800,00 (excluding value-added tax); (iv) the management fee of KRW 850,00 (excluding value-added tax); and (v) the payment date of rent and management fee of KRW 850,00 (excluding value-added tax); and (v) the lease date of the instant building (hereinafter “instant lease”).

Accordingly, the Plaintiff paid 80,000,000 won as lease deposit to the Defendants.

Other matters related to this case shall be as follows:

Article 4 (Calculation of Rent and Management Expenses)

1. Rent and management expenses for less than one month after moving into a building shall be calculated by the number of days;

2. Monthly management expenses referred to in Article 3 (2) shall be limited to the expenses to be incurred in paying the manager, cleaning services, etc., and other equipment and miscellaneous expenses, and the expenses to be incurred other than such expenses (charges for safety management of parking spaces, for elevator safety management agency fees, for electric safety management agency fees, for fire safety management agency fees, for fire-fighting safety management agency fees, and for building management and repair expenses of at least KRW 10

Article 5 (Additional Fees)

1. The rent for dogs and electricity used monthly shall be paid by the lessee by checking the amount of use;

2. Expenses incurred in joint use, such as water supply and sewerage charges, parking fee, elevator, etc., shall be settled at actual expenses each month;

Article 11 (Arrears of Rent and Management Expenses) The overdue charge such as rent and management expenses shall be 0.1%/day.

On March 18, 2016, the Plaintiff registered its business with the trade name "G store" and operated indoor children's play facilities in the instant building.

On February 2017, the Plaintiff knew that the Defendants had no intent to renew the instant lease agreement. around March 2017, the Plaintiff removed children’s play facilities, such as the slick trusses, etc. of the instant building, removed children’s play facilities, performed work such as free windows cleaning, removal of Stickers, walls and sunlight repair, and totaled KRW 6,40,000.

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