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(영문) 울산지방법원 2016.07.14 2014가합17103
임차보증금반환
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 1,500,000,00 and Defendant B from July 24, 2010 to October 29, 2015.

Reasons

1. Facts of recognition;

A. On November 16, 2007, the Plaintiff entered into a lease agreement with D Co., Ltd. (hereinafter “D”) and Ulsan E-Ground building 1,265 square meters, with respect to the lease deposit of KRW 1,500,000,000, and the term of lease from November 16, 2007 to November 15, 2008 (1 year) with respect to the lease deposit of KRW 1,50,000,000, and with respect to the lease deposit of KRW 1,265 square meters, and if there is no separate declaration of intention, the lease agreement was concluded to extend the term of the lease (hereinafter “instant lease agreement”) and jointly and severally and severally with the F Co., Ltd, G Co., Ltd, H, Defendant B, and Defendant C, respectively.

B. After the extension of the lease term, the Plaintiff continued to occupy and use the building and returned the building on July 23, 2010.

(c) The main contents of the lease agreement are as follows:

Article 3 (Lease Contract Deposit) 1 of the Factory Lease Contract (Lease Contract Deposit) The lease deposit shall be KRW 1,500,000 per day ( KRW 1,500,000). 2) The lease deposit shall be paid in cash simultaneously with the contract.

Article 4 (Period of Lease) 1) The term of lease shall be one year from the date of delivery of the leased object: Provided, That the term of lease shall be deemed to have been extended when the term of lease expires without any separate declaration of intention. 2) Even for the said automatic extension, the term of lease may be adjusted by mutual agreement between the “D” and the “Plaintiff” within three months after the commencement of the new term of lease.

Article 7 (Delivery and Return of Object of Lease) (1) The object of lease shall be delivered to the “Plaintiff” at the same time as the contract is concluded. (2) When the object of lease is returned after the termination of the lease period, it shall be returned after the restoration of all the facilities

However, if “D” consents, it may be returned to the present state.

Article 8 (Other Special Agreements) (1) Termination or cancel a contract under mutual agreement. Article 10 (Co-sureties’s Liability Contract shall be refunded within three business days after the termination of the Joint and Several sureties’s Liability Contract, and if “D” fails to return it within the time limit, the joint and several sureties shall be the same person liable for performance as “D.”

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