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(영문) 전주지방법원군산지원 2017.11.17 2015가합11610
임대차보증금
Text

1. As to the Defendant-Counterclaim Plaintiff:

A. The Plaintiff (Counterclaim Defendant) KRW 76,761,683 and its related thereto from May 13, 2017 to November 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 14, 2001, Plaintiff A concluded a lease agreement on the second floor of the above building on several occasions, including the lease deposit of KRW 50 million from January 1, 2002 to December 31, 2002, and the monthly rent of KRW 3 million (excluding value-added tax) while leasing the second floor of the building listed in the attached Table 1, which was owned by the Defendant from the Defendant (hereinafter “instant building”).

The main contents of each of the above lease agreements are as follows:

On September 14, 2001, delivery of the object of lease deposit of KRW 50 million, monthly rent of KRW 3 million shall be January 1, 2002, and the lease period shall be 60 months from the date of delivery.

Provided, That the deposit amount of KRW 50 million shall be raised on December 31, 2002.

Monthly rent and deposit after two years shall be increased and adjusted.

In addition to the monthly rent, management expenses shall be paid separately in the amount of KRW 500,000 per month.

Charges for causing traffic congestion and environmental improvement shall be borne separately.

When legal disputes arise, the lessee shall be fully borne by him/her.

(Exclusion of Building Proposal Disputes). On January 15, 2004, delivery of lease deposit of KRW 100 million, monthly rent of KRW 3.8 million shall be made on February 1, 2004, and the lease period shall be 36 months from the date of delivery.

In principle, the lease deposit and the monthly rent-added tax shall be borne separately by the lessee.

Contract date: On November 17, 2006, delivery of the object of KRW 100 million, monthly rent of KRW 4 million shall be January 1, 2007, and the lease period shall be 36 months from the date of delivery.

Management expenses shall be paid in addition to the monthly rent, KRW 500,000 per month.

In principle, the lease deposit and monthly rent-added tax shall be borne separately by the lessee.

Charges for causing traffic congestion and environmental improvement shall be borne separately.

Water rates shall be separately borne by them.

When legal disputes over rents occur, lessees shall be fully borne.

This Agreement is a re-contract and is thus null and void.

On November 10, 2009, the lease deposit KRW 100 million and the monthly rent of KRW 5 million.

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