(영문) 서울중앙지방법원 2020.12.17 2020가합532541

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(영문) 서울중앙지방법원 2020.12.17 2020가합532541

보증금반환

Text

The plaintiff's claims against the defendant and the intervenor are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On February 17, 2010, the Plaintiff entered into a lease agreement with the Defendant, setting a deposit amount of KRW 850,00,000, KRW 11,000,000 per month of rent (excluding value-added tax) and four years of lease period (from February 17, 2010 to February 16, 2014), and concluded a lease agreement with the Defendant on January 17, 2014, with the terms and conditions that the instant lease portion of KRW 1,60,00,00 per month of rent (excluding value-added tax), five years (from April 17, 2014 to April 16, 201; and completed the lease agreement with the Defendant on the deposit amount of KRW 30,00,00,000, KRW 16,000 for lease on a deposit basis; the term of the lease agreement was 160,016,000,000 for lease on a deposit basis (hereinafter referred to as “the instant lease”).

Article 2 (Period of Contract and Extension of Contract) The term of the lease contract under this Article is from April 17, 2014 to April 16, 2019.

[Until April 16, 2014, the rent under the previous contract shall be paid by April 16, 2014] This contract shall take effect by full payment of the rental deposit stipulated in Paragraph 1 of Article 3.

The term "A" or "B" shall be deemed to have been renewed on the same condition at the expiration of the term, if it is not notified in writing by three months prior to the expiration of the term of the lease contract.

Article 3 (Rental Deposit) Rental Deposit shall be the total sum of KRW 1,600,000,000 (Won 1,600,000).

Article 4 (Monthly Rent and Management Expenses) Monthly Rent shall be KRW 16,000,000 (Won 16,000,000), and the payment shall be made each month.

The remainder of the rent shall be the number of days.

(Provided, That the lease period of Article 6 (Adjustment of Rental Deposit and Rent) shall be five years.

Article 13 (Termination of Contracts)

2. If “B” falls under any of the following, “A” may terminate this Agreement immediately:

(1) this Agreement or this Agreement.

유사 판례

-서울고등법원 2019.07.24 2019나2010222

-서울고등법원 2017.08.17 2016나2085287

-창원지방법원마산지원 2017.07.20 2017가단100829

-서울중앙지방법원 2020.01.17 2019가합558721