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(영문) 수원지방법원안양지원 2014.02.14 2013가합1308
손해배상 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 145,866,50 to the Defendant (Counterclaim Plaintiff) and its related amount from March 22, 2013 to July 27, 2013.

Reasons

(b) shall apply to any matter;

Provided, That this shall not apply to lease the amount of security deposit exceeding that prescribed by Presidential Decree.

(2) In determining the amount of security deposit under the proviso to paragraph (1), it shall be determined by region in consideration of economic conditions of the relevant region, the scale of lease object, etc., and where any difference exists other than the security deposit, it shall include the amount converted by the rate prescribed by Presidential Decree by taking into account the loan interest rate, etc. of banks under the Banking

(1) Even if there is no registration, lease shall take effect against the third party from the following day after a tenant files an application for the delivery of a building and registration of business under Article 8 of the Value-Added Tax Act, Article 168 of the Income Tax Act, or Article 111 of the Corporate Tax Act.

(2) The transferee (including any other person who has succeeded to the right to lease) of a leased building shall be deemed to have succeeded to the status of the lessor.

* Article 2 (Scope of Application) of the Enforcement Decree of the Commercial Building Lease Protection Act (amended by Presidential Decree No. 2283, Jul. 21, 2010) (1) "Amount of security deposit determined by Presidential Decree" in the proviso to Article 2 (1) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Act") means the amount classified as follows:

1. Seoul Special Metropolitan City: 260 million won;

2. Overconcentration control region among the Seoul Metropolitan area under the Seoul Metropolitan Area Readjustment Planning Act (excluding Seoul Special Metropolitan City): 210 million won;

3. Metropolitan City (excluding Gun area and Incheon Metropolitan City area): 160,000 won.

4. Other areas: 150,000 won. (2) The amount of rent where there is any difference in addition to the deposit under Article 2 (2) of the Act shall be the monthly rent.

(3) The term "ratio prescribed by Presidential Decree" in Article 2 (2) of the Act means 100/1.

* Article 6 (Classification and Designation of Regions) of the Seoul Metropolitan Area Readjustment Planning Act.

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