(영문) 서울중앙지방법원 2016.05.19 2015가합26806

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(영문) 서울중앙지방법원 2016.05.19 2015가합26806

임대차보증금

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1. The Defendant shall pay to the Plaintiff KRW 109,792,622 as well as 30% per annum from March 4, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 10, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease term as KRW 100 million, monthly rent 13.5 million (in addition to value-added tax, monthly rent 25 million), and from December 26, 2014 to 36 months from the lease term (hereinafter “instant lease agreement”).

B. The main contents of the instant lease agreement are as follows.

2.The lessee under Article 1 of the terms and conditions of the contract shall pay the lessor a deposit for lease (monthly lease) as follows:

Deposit KRW 100 million shall be paid and received at the time of the contract. The remainder KRW 90 million shall be paid on December 26, 2014.

Rent 10,350,000 won (per value-added tax) shall be paid on the 25th of each month.

Article 4 Where the lease contract term expires, the lessee shall restore the hotel of this case to the condition as at the time the hotel of this case is leased and deliver it to the lessor, and the lessor shall refund the lease deposit to the lessee.

Article 5 If the lessee fails to pay the rent by month during the second period, the lessor may terminate the lease contract.

Special Agreement:

1.This contract shall be concluded and delivered by the lessee in the condition that the lessee has succeeded to the facilities used by the former lessee B, and shall be repaired and used by the lessee in the event of any defect in the facilities.

2. The interest for delay in the payment of rent shall be 2.5% per month.

7. A lessee shall pay 30 million won, which is a part of the lease deposit, by June 26, 2015.

Monthly rent shall be KRW 14 million per month (excluding value-added tax) until the payment of KRW 30 million is made.

Provided, That when paying KRW 30 million before June 26, 2015, the monthly rent shall be KRW 13,500,000 (excluding value-added tax). If the date of payment is terminated, the monthly rent shall be KRW 15,00,000 from the date of the promise of payment until the date of payment.

C. The Defendant shall pay the Plaintiff the lease deposit KRW 10 million on December 1, 2014, and KRW 65 million on December 26, 2014.

유사 판례

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-광주지방법원 2016.06.17 2015가합1170

-서울중앙지방법원 2019.08.29 2017가단5196158

-부산지방법원동부지원 2016.12.09 2016가합577