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(영문) 창원지방법원마산지원 2016.08.11 2016가단100105
월임료 등
Text

1. The Defendant’s KRW 5,510,893 as well as KRW 1,927,143 as to the Plaintiff’s KRW 5% per annum from August 1, 2015 to August 11, 2016.

Reasons

1. Facts of recognition;

A. On March 25, 2013, the Plaintiff: (a) leased to the Defendant the entire equipment, such as laundry, drying machines, and electric team boiler, installed in the area of 447.63 square meters and 48 square meters of the third floor of the third floor of the third floor of the 3rd floor in Yongsan-si, Yongsan-si; and (b) on April 1, 2013, the Plaintiff leased the part of the building to the Defendant for a fixed period of two years from April 1, 2013 to March 31, 2015, with a deposit for KRW 100,000,000, rent of KRW 5,000,000, rent of KRW 5,000 (value-added tax separately); and (c) the lease period from April 1, 2013 to March 31, 2015.

(hereinafter “instant lease agreement”). B.

The following are stipulated in the instant lease agreement:

subsection (1)(1), (2), (3) the terms of the agreement;

(1) The rent from April 1, 2013 to April 30, 2013 shall be exempted, and the Defendant shall bear all the expenses, such as public charges.

The rent from May 1, 2013 to May 31, 2013 shall be KRW 1,00,000, and the rent from June 1, 2013 to October 31, 2013 shall be KRW 2,50,000 per month for which 50% has been reduced or exempted.

(2) If the sales of the defendant are 40,000,000 won or more per month, the full amount of the agreed rent shall be paid 5,00,000 won or more, notwithstanding the provisions of the above paragraph (1).

③ Where the contract term expires or the contract is terminated, the Defendant shall immediately return the leased object of this case to the Plaintiff, and the Plaintiff shall, at the same time, refund the balance after deducting rental fees and other damages from the deposit to the Defendant.

However, if the contract unilaterally notifies the plaintiff of the termination of the contract due to the defendant's personal management problems, the plaintiff shall refund the remaining security deposit after six months from the deduction of the reduced or exempted rent, public charges, and expenses for restoration as stated in the above paragraph (1)

C. In accordance with the instant lease agreement, the Defendant, while running laundry factory in the instant building area, left the part of the instant building on December 13, 2014, and Hamnam-gun from the following day.

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