(영문) 서울중앙지방법원 2015.10.23 2015가합3971

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(영문) 서울중앙지방법원 2015.10.23 2015가합3971

임대차보증금반환

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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) will restore the real estate in the attached list No. 3 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In fact, on June 3, 2013, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on the lease deposit amounting to KRW 105,341,00,00 for the lease deposit, KRW 11,342,482 for the rent month, and KRW 12,482 for the lease term from May 12, 2013 to May 11, 2017 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid the said lease deposit to the Defendant and received the instant lease object from the Defendant.

The contents of the instant lease agreement are as follows.

Article 1 (Indication of Rental Objects)

2. The plaintiff may use the leased object for a business facility, and to the extent necessary for the proper use and enjoyment of the leased object, he may use the leased object for the common area and public facilities within the building.

Article 11 (Utilization of Rental Objects and Facilities)

2. The ordinary business hours in the leased object shall be from 9 a.m. to 9 p.m. on the ordinary day and may be adjusted in accordance with the Building Management Regulations;

XIV.(Management, Maintenance, Repair and Increase in Value of this building)

1. The defendant shall be liable to manage, maintain and repair the leased object and the main building, and the building manager shall act on behalf of the lessor.

2. Where it is deemed necessary to increase the utility or value of the leased object, the defendant may engage in repair, repair, remodeling, extension, etc. In such cases, the lessee shall cooperate to the maximum extent possible where the use of all or part of the leased object is temporarily restricted due to the repair, etc. of the defendant;

Provided, That in repairing, etc., the defendant shall use the method which causes the lowest loss to the lessee.

5. The defendant shall impede the use of the leased object by the lessee in performing all maintenance and repair works under paragraphs (2) and (3).

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