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(영문) 서울중앙지방법원 2016.07.26 2015가단167076
건물명도 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 4,909,282 and the interest rate of KRW 15% per annum from December 11, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On May 11, 2015, the Plaintiff entered into a lease agreement with Defendant A and the Plaintiff with respect to the total 10 square meters of 134.71 square meters (hereinafter “instant building”) among the Seocho-gu Seoul Building owned by the Plaintiff (hereinafter “instant building”) from May 13, 2015 to May 12, 2017 (two years), the lease deposit amount of KRW 50 million, monthly rent of KRW 420,000 (excluding value-added tax), monthly management fee of KRW 1.3 million (excluding value-added tax), and Defendant B jointly and severally guaranteed the Plaintiff’s obligation under the instant lease agreement.

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

Article 2(3) A lessor may arbitrarily deduct expenses or obligations to be paid by a lessee under a contract from among the deposit and appropriate it for the amount of a lessor's credit. In such cases, the lessor shall notify the lessee of the details of the deposit in writing, and the deposit shall be supplemented within 10 days from the date of receipt of such notification. 4) Management expenses shall not include public charges (excluding electricity charges, water charges, and value-added taxes, such as gas charges). Where public charges are individually notified, they shall be individually paid, and if a lessor claims a pro rata distribution, they shall be paid to the lessor by the deadline of payment.

5) The lessee is using management expenses E/V, parking facility maintenance expenses, electric safety management expenses, fire prevention management, fire prevention management expenses, and security service expenses, and has the same character as the rent, and thus does not raise any objection to the details of the use. 6) The lessee shall pay for other public charges, such as environmental improvement charges imposed on the leased building, traffic inducement charges, public electricity charges, septic tank cleaning expenses, etc.

Article 6 (Right to Termination of Contract) If the lessee has committed any of the following acts, the lessor may terminate the contract after written notification:

1. Where a lessee fails to pay the expenses for at least two months, such as monthly rent and management expenses.

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