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(영문) 서울중앙지방법원 2016.10.14 2016가합7833
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 486,975,00 and the interest rate of KRW 15% per annum from May 27, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On October 1, 2014, the Plaintiff is a building located in the Gangnam-gu Seoul Metropolitan Government F (hereinafter “instant building”) from Defendant, B, C, D, E, D, and four other Defendants (hereinafter “instant building”).

(1) The term of the lease contract under the terms and conditions of the lease contract for the lease deposit of 1,00,000,000 won, and the lease contract for the lease of 1,000 won by July 15, 2019 (hereinafter “instant lease contract”).

(2) On March 7, 2016, before the expiration of the lease term stipulated in the instant lease agreement, the Defendant drafted each of the following implementation agreements (Evidence No. 3, No. 7, No. 8, hereinafter referred to as “each of the instant implementation agreements”) with the Plaintiff.

A performance agreement shall be made.

1. A (Defendant) shall return to B the deposit of KRW 486,975,00,000 after excluding the following:

(i) 10) 66,000,000 won (including VAT) for restoration to its original state.

4. B shall be cancelled under the responsibility of establishing chonsegwon on the current certificate of registered matters of goods lots.

Implementation Agreements 2

3. The first floor and the first floor shall not be restored to their original state, but shall be removed from the present state, and the next floor shall be responsible when the new tenant intends to move into the original state and to remove the parts.

B. The Plaintiff’s delivery of the building of this case had delivered the building of this case to the above Defendant and four other parties after the formation of each of the instant implementation agreements.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 5, Eul evidence 7 and 8, the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, the Defendant, one of the lessors of the instant lease agreement, who prepared each of the instant performance agreements, shall be paid to the Plaintiff the deposit deposit amounting to 486,957,000 won under the respective performance agreements of the instant lease agreement, and the Defendant’s delivery of a duplicate of the complaint of the instant case from May 27, 2016 to the date of full payment.

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