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Reasons
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(영문) 서울중앙지방법원 2017.08.23 2016가합544639
임대차보증금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From July 199 to June 30, 2016, the Plaintiff leased the Yeongdeungpo-gu Seoul Metropolitan Government Building Co., Ltd. (hereinafter “instant building”) No. 101 (hereinafter “instant store”) to operate a restaurant. The Defendant is a person who owned the instant store from April 23, 2002 to June 30, 201.

B. The Defendant becomes the owner of the instant store, and succeeded to the instant store lease agreement entered into between the Plaintiff and the former owner. Since then, the Plaintiff and the Defendant renewed the said lease agreement and concluded a renewed lease agreement with respect to the instant store on July 1, 2015 (hereinafter “instant lease agreement”).

Accordingly, the Plaintiff paid the Defendant the total amount of KRW 49,114,80 (= KRW 46,776,000, deposit for lease deposit amount of KRW 2,338,800).

Article 3 (Term of Lease)

1. The lease term shall be 12 months (one year) from July 1, 2015 to June 30, 2016;

Article 4 (Lease Deposit) 1.B (Plaintiff, hereinafter the same shall apply) shall pay KRW 400,000,000 (hereinafter referred to as KRW 46,776,00 per annum) as the lease deposit in the bank account number designated by Gap (the defendant, hereinafter the same shall apply) in accordance with Article 7.

5. Eul may not demand offset against the lease deposit for rent and management expenses that the lessee has to pay every month only by the unilateral declaration of intention of Eul to cancel the lease contract without the consent of the lessor.

Article 5 (Deposit for Management)

1. For the rationalization of management and operation, Eul shall deposit the amount to be paid to Gap, at the same time as this lease is concluded, in the bank account number designated by Gap in Article 7; and

One hundred and thirty thousand three hundred and thirty thousand three hundred and thirty thousand three hundred and thirty thousand three hundred and twenty (2,38,800 won per square day x one hundred and twenty thousand won in 116.94 square meters = 2,338,800 won)

2. The management deposit shall be interest-free and shall not be offset against the obligation of rent, etc.

3...

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