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(영문) 서울고등법원 2021.01.15 2019나2049640
임대차보증금
Text

Of the judgment of the first instance, the part of the defendant (Counterclaim plaintiff) failure exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The plaintiffs are the lessees who jointly leased the head of the Dong-gu D Building E (hereinafter referred to as the “instant store”) in Suwon-si, Suwon-si, and the defendant is the lessor of the instant store.

(b) Article 5 [Termination of a lease] The lessee shall restore the above real estate to its original state and return it to the lessor where the lease contract is terminated.

In such cases, the lessor shall return the deposit to the lessee, and if the rent or the amount of compensation is overdue, he/she shall restrain it and refund the balance.

Matters of special agreement

3.Management expenses, electricity charges, public charges and all other expenses for the leased portion per year shall be borne by the lessee at 10% (total amount).

All surtax, late payment charges, and administrative fines shall be separately borne by the lessee (management expenses shall be governed by the provisions of the management office of the above commercial building; 7. The lessee shall pay 5% late payment charges on a seven-day basis if he/she fails to pay monthly rent for at least seven days from the end of the relevant month, and when he/she fails to pay the monthly rent on at least two occasions, the lessor shall voluntarily take measures for the above commercial building (the borrowed place) possessed by the lessee without legal procedures.

On September 29, 2017, the Plaintiffs entered into a lease agreement (hereinafter “the instant lease agreement”) with F on behalf of the Defendant, setting the lease deposit of KRW 300,000,000 for the instant store, KRW 9,000 for each month of rent (the value-added tax shall be paid on the 30th of each month, and the value-added tax shall be paid separately), and by September 30, 202 for the term of the lease (hereinafter “the instant lease agreement”). The relevant provisions of the lease agreement are as follows.

(c)

After that, the Plaintiffs paid KRW 280,000,000 out of the rent deposit to the Defendant, and the remaining KRW 20,000,000 out of the overdue management expenses of the instant store until October 30, 2017, the Plaintiffs paid KRW 20,000,000, out of the overdue management expenses of the instant store by October 30, 2017, to the head of the building management office in lieu of the payment.

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