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(영문) 서울고등법원 2019.10.02 2018나2050353
임차보증금반환
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

A. On June 5, 2014, the Plaintiff concluded a lease agreement between the Defendant and the Defendant with respect to KRW 250,00,000,000 for the lease deposit and the lease period from August 1, 2014 to July 31, 2016, the rent of KRW 14,00,000 for the rent of KRW 14,00,000 for the maintenance fee, and the management fee of KRW 6,00,00 for the month.

(hereinafter “instant lease agreement”). B.

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

(F) Article 4 (Rents, Maintenance Fees, etc.). The following number of lines shall be drawn and sealed by both parties at the time of the contract:

1. Monthly rents shall be 14,00,000 won for the whole leased property, and 6,000,000 won for the whole leased property, and the period for calculating rents and management expenses shall be one month from the first day of each month to the last day of each month, and the rent and management expenses shall be paid to the lessor by the 25th day of each month;

2. If the lessee fails to pay the monthly rent and management expenses to the lessor by the due date, the lessee shall pay the lessor a monthly rent and the overdue interest at the rate of 10% per annum for the monthly rent and management expenses in arrears.

Article 11 (Operation of Objects, Construction and Repair of Facilities)

3. Costs of outer walls, ceiling floor, electricity, telephone facilities, etc. of naturally worn-out items shall be borne by the lessor in accordance with the design drawings, and other repair costs shall be borne by the lessee;

At this time, the lessee waives his/her right to demand reimbursement for all necessary expenses.

Article 16 (Lessee's Duty of Lightinging and Restoration to Original State)

1. When this contract has been terminated, the lessee shall take out the object and property owned by the lessee before the end of the contract, return keys and property owned by the lessor to the lessor, and order the lessor to deposit all the leased property; and

2. The lessee shall restore the leased object to its original state, in which the lessor has taken over it, so that the leased object may be used normally, and return it;

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