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(영문) 서울중앙지방법원 2014.12.16 2013가합547392
차임 등 청구의 소
Text

1. The Defendants jointly and severally with the Plaintiff KRW 240,246,955,

A. From October 23, 2013, 79,311,250 won among them

Reasons

1. Basic facts

A. On May 20, 201, the Plaintiff entered into a lease agreement with Defendant D and E on May 20, 201 (hereinafter “instant building”).

A) A lease agreement was concluded with the said Defendants, setting the lease deposit amount of KRW 200 million, monthly rent and management expenses (excluding value-added tax) and the lease period from June 6, 2011 to June 5, 2016. The key contents of the said lease agreement are as follows:

(a) The monthly rent shall be set at 18 million won, and the lessee shall pay the monthly rent at the place designated by the lessor by the end of the month;

(Separate Table of Value-Added Tax)

(b) If the lessee fails to pay the monthly rent agreed in the preceding paragraph by the agreed date, the lessee shall pay the full amount of the monthly rent in arrears plus 24% late interest per annum.

Even if a lessee suspends his/her business during the term of this contract, he/she shall continue to pay monthly rents to the lessor until the expiration of the term of this contract, regardless of the reason

Article 5 (Bearing Maintenance Expenses)

(a) The lessee shall bear all the fees for the use of various facilities, such as electricity, water supply and drainage, septic tanks, heating and cooling, and the expenses for the management of the building, such as cleaning;

(b) The lessee shall bear all expenses, electricity charges, water charges, taxes and public charges, etc. for the special facilities required by the lessee, in addition to management expenses.

(c) A lessee, other than paragraphs (a) and (b), shall bear the management expenses incurred in the management of the building amounting to three million won, apart from the rent.

(Separate Value-Added Tax) Article 21 (Right of Lessor to Termination of Contract)

(a) If the lessee has committed any of the following acts, the lessor may terminate the present contract regardless of the term of lease:

1) When a lessee does not pay rent and expenses for 60 days or more from the agreed date. Article 23 (Explanation and Restoration to Original State)

B. The lessee shall be simultaneously upon the termination of this Agreement.

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