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(영문) 서울중앙지방법원 2017.05.02 2016가단5056222
임대차보증금반환 등
Text

1. The Defendant’s KRW 80,038,730 for the Plaintiff and KRW 6% per annum from January 9, 2016 to May 2, 2017.

Reasons

1. Basic facts

A. On April 26, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, Seongdong-gu Seoul Seongdong-gu Seoul (hereinafter “instant store”) to lease Nos. 102 (hereinafter “instant store”). The key contents are as follows.

Article 1 Lease Deposit KRW 100,000,000 (in the event of a contract, KRW 10,000,000,000 on the date of the contract, KRW 90,000,000,000) and KRW 5,50,000,000 for monthly rent (in addition to value-added tax, five days after May 2, 2013), may be renewed under mutual agreement from May 2, 2013 to May 1, 2016 (36 months) on or before the expiration of the contract.

Article 3 If the lessee does not change the use, structure, item to be handled of the above real estate without the consent of the lessor and fails to pay monthly rent or management fee not less than twice or more, the lessor may terminate this contract without any peremptory notice and demand the return of the above real estate, and the lessee shall comply with any objection.

Article 4 A lessee may not sublet or transfer the right of lease to a leased store, or may not provide a lease contract as security or pledge, or may not make a contract at the time of a passage, and may not raise an objection.

Section 6. The lessor shall reimburse the amount of the down payment at the time of the termination of the contract, and the lessee may not claim the return of the down payment after the termination of the contract.

(hereinafter referred to as “instant penalty”). Special terms and conditions

4. If the lessee intends to terminate the lease contract three months prior to the termination of the lease term under Article 2 of this Agreement, or if the lease contract is terminated under Articles 3 and 4 of this Agreement, an amount equivalent to the portion of the monthly rent of the lessee for six months in addition to the time the actual lease contract is terminated shall be deducted from the deposit.

(hereinafter referred to as “the penalty in this case”). When there is a default on management expenses, it shall be from the deposit.

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