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(영문) 서울서부지방법원 2018.06.21 2017가합36116
부당이득금
Text

1. The Defendant’s KRW 767,974,00 for the Plaintiffs and 5% per annum from May 1, 2017 to June 21, 2018.

Reasons

1. Article 3 (Deposit for Rental) (1) of the lease contract for the lease of basic real estate shall be KRW 00 million;

(2) Eul (the defendant refers to the defendant; hereafter the same shall apply in the terms of the instant lease agreement) shall be paid 200 million won of the deposit for lease when a contract is concluded.

(3) The remainder of the lease deposit shall be paid by April 16, 2016, on which both parties have consulted.

(4) Eul shall pay the balance on the fixed date, the balance of the down payment when it fails to comply shall be confiscated, and this contract shall be terminated.

Article 4 (Monthly Rent) (1) Monthly Rent shall be Gu million won (Additional Tax, Separate Management Expenses) and shall be paid by the method designated by Gap (the plaintiff shall also be included in the terms of the instant lease agreement; hereinafter the same shall apply) by the end of each month.

(2) The monthly rent in cases where a period commences or ends during a month shall be calculated by the number of days.

(3) If it is not available to move into the beginning date of this period, the monthly rent shall be calculated from the beginning date of the period.

Provided, That if A fails to issue an order to B for the subject matter by the beginning date of the period, B shall be calculated as the monthly rent from the date on which B actually received an order for the subject matter.

On March 17, 2016, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, and with respect to the 1,859.63 square meters of the underground space of the building located in Jung-gu, Seoul (hereinafter “instant shopping district”) located in Jung-gu, Seoul (hereinafter “instant shopping district”), with the terms that the lease deposit amount is KRW 1 billion, the monthly rent is KRW 90 million, and the lease term is set from April 16, 2016 to May 15, 2017 (hereinafter “instant lease agreement”). The main contents are as follows:

B. The Defendant paid KRW 200 million out of the lease deposit to the Plaintiff on the date of concluding the instant lease agreement, and the Plaintiffs delivered the instant commercial building to the Defendant.

C. By April 16, 2016, the Defendant did not pay the remainder of the lease deposit KRW 800 million to the Plaintiffs, and from the instant lease agreement, on April 16, 2016.

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