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(영문) 서울남부지방법원 2016.10.20 2016가합101519
건물명도
Text

1. From September 30, 2016, Defendant U.S. U.S. U.S. EL aviation (hereinafter “Defendant U.S.”), the amount of KRW 16,686,597 against the Plaintiff and its amount.

Reasons

1. Determination as to the claim against Defendant Mbrid Co., Ltd.

A. On February 26, 2015, the Plaintiff concluded a lease agreement. On February 26, 2015, the Plaintiff agreed to lease to Defendant MBD (hereinafter “Defendant MBD”) the whole first floor of the underground floor (hereinafter “instant building”) in the attached Table 1 list to the lease deposit KRW 50,000,000, monthly rent of KRW 3,500,000 (value-added tax, monthly payment of KRW 25,000 (value-added tax, monthly payment of value-added tax, monthly payment of KRW 1,040,00 (value-added tax, monthly payment of KRW 25,00), and the term of lease from February 26, 2015 to February 25, 2017. The lease agreement (hereinafter “instant lease agreement”) between Defendant MBD and Defendant MBD included the following contents:

1. Management expenses shall include expenses for water supply and drainage, cleaning, and other maintenance of building management (excluding electric charges);

4. Eul (Defendant MBD; hereinafter the same shall apply) shall pay to Gap (the plaintiff and the plaintiff; hereinafter the same shall apply) the amount of KRW 1,040,000 for the player management expenses when moving into the zone, and Gap shall refund to Eul the player management expenses deposit when the lease contract with Eul is terminated or the retirement room is made.

Provided, That where there is a unpaid amount, etc. of existing management expenses, it shall be refunded to B after deducting the relevant amount.

Where the payment of the management expenses and the various expenses incurred under this contract has been delayed due to any cause attributable to Article 10 (Compensation for Delay), Eul shall pay the penalty for delay plus the penalty for delay calculated by applying the overdue interest rate of 2% per month for each one day of delay.

Article 11 (Refund of Rental Deposit)

1. Where the contract period expires or the middle of contract period is terminated, A shall immediately return the whole of the deposit for lease to B, with the intention of returning it, as agreed in advance;

However, if there is expenses for the management and maintenance of the leased object in arrears, damages, and various expenses to be borne by the B due to the failure to restore the leased object to its original state, A shall refund the balance after deducting them from the deposit for lease.

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