(영문) 서울서부지방법원 2017.05.18 2016가합34663

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(영문) 서울서부지방법원 2017.05.18 2016가합34663

보증금반환

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall each be the defendant (Counterclaim plaintiff) 8,499.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On August 1, 2011, the Plaintiff leased 400,000,000 deposit money, monthly rent of KRW 17,00,000,000, and from August 1, 2011 to August 1, 2013, the Plaintiff paid KRW 400,000,000 to the network E around that time.

B. On August 16, 2013, the Plaintiff, the heir of the network E, determined the instant building amounting to KRW 400,000,000, KRW 17,000 each month from August 1, 2013 to December 31, 2013 (excluding value-added tax, and KRW 18,00,00 each month from the following day until the end of each month (in the case of payment on 20th day of each month, separate value-added tax, and below, the sum of rent and value-added tax as the sum of rent, etc.), lease period, and KRW 2,00,00 each month from August 1, 2013 to June 14, 2016 (in the case of payment of value-added tax, value-added tax, and value-added tax, the sum of rent and value-added tax as the aggregate of rent and management expenses, etc.).

(hereinafter “instant lease agreement”). The payment of the deposit was substituted by the previous deposit paid to the network E.

(hereinafter referred to as “instant deposit”). (c)

The contents of the instant lease agreement included the following special terms and conditions (hereinafter “instant special terms and conditions”).

Article 6 (Maintenance of Control) (1) of the superior special drug of the upper world (as for the leased building), when the lessee uses the leased object for the purpose of lease, all of the taxes and public charges, such as the electricity charge, electric power charge, water/supply, sewerage charge, air-conditioning/conditioning fee, ventilation fee, cleaning fee, etc., shall be imposed.

(9) Article 8(1) shall apply to the payment of costs for the maintenance of management and the settlement in arrears.

Article 8 (Advance Payment of Rent and Claim Amount) (1) Lease shall be extended to the lessee.

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