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(영문) 서울중앙지방법원 2015.01.29 2014가합43989
보증금반환
Text

1. The Defendant’s KRW 101,083,833 as well as the Plaintiff’s annual rate of 6% from July 13, 2013 to January 29, 2015, and the following.

Reasons

(c) shall be.

[1] 150,000,000 won (hereinafter “the instant lease deposit”) for the lease deposit

() A lease agreement stipulating that monthly rent is KRW 9,000,000 (excluding value-added tax, payment on the last day of each month), management expenses shall be KRW 3,00,000 (payment on the last day of each month), and the term of lease shall be fixed from August 24, 2012 to August 23, 2014 (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement are as follows. The Plaintiff may remodel or alter the instant lease agreement with the Defendant’s permission, but at the expense of the Plaintiff in full prior to the expiration date, the Plaintiff must restore the lease agreement to its original state in accordance with the building permit drawing. In the event that Article 6 was not paid to the Plaintiff during the second period, the Defendant may terminate the instant lease agreement without notice. Special Terms and Conditions * Management expenses (direct, common expenses, indirect expenses, etc.) imposed by the Plaintiff in accordance with the building management regulations.

* The public charges shall be calculated pro rata to the total quantity used, and the public use shall be proportional to the area leased.

* Underground parking lots are parked only in two designated spaces exclusively for employees.

B. After the conclusion of the instant lease agreement, the Plaintiff paid KRW 150,000 to the Defendant the lease deposit amounting to KRW 150,000,00, and the Plaintiff did not pay the monthly rent from March 2013 to May 2013 for the management fee, while operating a restaurant in the name of “D” with interior facilities, etc. for restaurant business.

C. Accordingly, on May 10, 2013, the Defendant: (a) under the title, “the first vehicle to notify the Plaintiff of the termination of the contract due to the unpaid rent and the first vehicle to notify the Plaintiff of the order of evacuation lawsuit”; (b) the Plaintiff was unpaid during the period of three months and four months until now; (c) the instant lease agreement between the Plaintiff is terminated automatically in accordance with Article 6 of the instant lease agreement; and (d) all facilities installed and newly installed by the Plaintiff are based on the construction permit drawings.

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