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(영문) 서울중앙지방법원 2013.09.05 2012가합96439
임대차보증금
Text

1. The Defendant’s KRW 559,982,017 as well as 6% per annum from April 6, 2011 to September 5, 2013 to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the respective images and arguments of Gap evidence Nos. 1, 3, 4, 7, 10 to 16, Eul evidence Nos. 5, 6 and 7 (including each number), Gap evidence Nos. 9, and Eul evidence Nos. 1 to 4:

The plaintiff is a company with the purpose of food service business, etc., and the defendant owns land and above-ground buildings in Gangnam-gu Seoul Metropolitan Government and C (hereinafter referred to as the "real estate in this case") and runs a business of leasing real estate.

◎ 보증금 : 1,000,000,000원(이하 이 사건 보증금이라고 한다) ◎ 월 차임 : 40,000,000원 ◎ 관리비 건물관리비 평당 15,000원(부가가치세 별도) 제3조 위 부동산의 명도는 2005. 11. 1.로 명도하기로 한다.

Special agreement clauses between a lessor and a lessee - Public charges, parking fees, electricity, gas, water, and value-added taxes shall be separately paid.

1) The lease period shall be determined from November 1, 2005 to October 31, 2008 by 36 months in the first year. The starting date of the lease period shall be determined from March 1, 2006. The lease period shall be between November 1, 2005 and 84 months under mutual agreement. The lease period shall be ensured between the second year (from November 1, 2008 to October 2010) of the extension renewal contract and the third year (from November 201 to October 2010) of the extension renewal contract, the lease amount shall be 46,00,000,000 won shall be calculated by dividing the rent by 53,00,000 won in the second year of the extension renewal contract (from November 2, 2010 to October 10, 2012) and the rent shall be calculated at the expense of the lessee and the amount equivalent to the previous rent shall be paid at the expense of two months or more.

B. On November 1, 2005, the Plaintiff concluded a lease agreement with the Defendant with respect to the instant real estate as follows.

(hereinafter referred to as the “instant contract”). C.

On April 25, 2006, the Plaintiff requested on April 25, 2006 that the starting date of the rent be changed from April 1, 2006 to the Defendant, and the said request was attached to the instant contract.

The plaintiff around October 14, 2010.

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