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(영문) 서울서부지방법원 2015.01.15 2013가합11867
임대차보증금등 반환
Text

1. The Defendant’s KRW 28,447,505 as well as the Plaintiff’s annual rate of KRW 5% from September 15, 2013 to January 15, 2015.

Reasons

1. Basic facts

A. On March 23, 2009, the Plaintiff entered into a lease agreement with the Defendant on 55.82 square meters (including the area for public use; hereinafter the same shall apply) of the second floor of the neighborhood living facilities in Yongsan-gu Seoul Metropolitan Government, and paid KRW 83,000,000 for the lease deposit, the contract period from May 15, 2009 to May 14, 201, and the rent-monthly amounting to KRW 7,50,000 for the first six months (6,80,000 for the first six months, and KRW 7,00,000 for the next six months). The Plaintiff paid the Defendant the value-added tax on rent and tax imposed on the Plaintiff (hereinafter the instant lease), and paid KRW 83,00,000 for the lease deposit to the Defendant.

B. On April 11, 201, the Plaintiff used the instant store as a party building, and increased the period of KRW 7,750,000 to the rent for the instant lease with the Defendant on April 11, 201, and increased the period to KRW 8,050,000 by May 14, 2012, and then extended the period to KRW 8,050,000 to the end of May 14, 2013.

다. 원고가 피고와 사이에 이 사건 임대차를 갱신하지 않기로 함에 따라 이 사건 임대차는 2013. 5. 14. 기간만료로 종료되었고, 원고는 2013. 8. 15. 당구대 등의 시설물을 회수하여 이 사건 점포에서 퇴거하면서 이 사건 점포의 열쇠를 피고에게 건넸다. 라.

Upon the lease of this case, the Plaintiff and the Defendant entered into the following special agreement with regard to the restoration to original state:

Annex: Article 2 (Restoration to Original State) The restoration to the original state of the floor leased by the Plaintiff refers to the restoration to the original state in the form of the defendant's office.

The plaintiff shall restore the original state to the original state immediately after the expiration of the contract period according to the design drawing presented by the defendant. If the plaintiff does not perform the restoration works even after ten days have passed since the contract is terminated, the defendant voluntarily executes the construction works from the deposit and claims for the cost of restoring the original state (i.e., fire-fighting system, ceiling construction, floor construction, glass construction, electrical construction, g., damaged parts such as d.e., the

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