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(영문) 서울중앙지방법원 2016.06.01 2015가합577007
부당이득금
Text

1. The defendant

(a) KRW 240,363,200 as well as 6% per annum from December 15, 2015 to May 9, 2016;

Reasons

1. Basic facts

A. On May 1, 2014, the Plaintiff, as the Plaintiff’s owner, leased the attached Form 2 (hereinafter “the leased object of this case”) from May 16, 2014 to May 15, 2015, the lease deposit amount of KRW 300,00,00 in total, monthly rent and management expenses ( KRW 27,314,00 in total, KRW 5,794,00 in value-added tax) (excluding value-added tax) to the Defendant.

(hereinafter “instant lease agreement”). Accordingly, on May 15, 2014, the Plaintiff received a lease deposit from the Defendant and delivered the object of the instant lease to the Defendant.

Article 4 (Deposit, Rent, Management Expenses, Electric Power Fee, and Other Expenses) (3) A lessee shall restore the leased article to its original state upon the termination of the lease contract, or upon the termination of the contract under this contract, and the lessor shall return the lease deposit to the lessee within seven days if the contract is delivered. If all kinds of obligations, etc. related to the lessor have not been fully repaid, the lessor may return the lease deposit after he/she arbitrarily appropriated the lease deposit.

(6) A lessee shall bear rent, management expenses, electricity charges and other expenses, even if he/she fails to use a leased object during the lease contract period (where the name of a lessee's leased object is after the lease contract period, up to the life limit).

Where any of the following events occurs to a lessee under Article 23, a lessor may immediately terminate or rescind this contract without due process, such as peremptory notice, etc., to the lessee:

3. Where a lessee has continuously failed to pay rent, management expenses and other expenses under this contract for not less than two months, or the amount of arrears reaches the amount of two-term rents, the lessee shall lease the leased object at his/her own responsibility when the lease contract has been terminated or terminated.

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