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(영문) 서울고등법원 2015.02.05 2013나80773
보증금반환 등
Text

1. The first instance court, including the Defendant (Counterclaim Defendant)’s counterclaim claim against the Plaintiff (Counterclaim Defendant) expanded in the first instance trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 17, 2007, the Plaintiff A and the Defendant entered into a lease agreement 1) The Plaintiff A are the D Building D (hereinafter “D Building”) of the Dongyang-si with the Defendant on April 17, 2007.

(3) As to the 7th and 8th 325 level, the lease deposit amount is KRW 150 million, the lease term is from April 17, 2007 to April 17, 2012, the monthly rent is KRW 4.35 million, and the monthly management fee is KRW 8,000,000 (hereinafter “instant 7 and eight-story lease contract”).

(2) From around that time, the term “E” was operated in the above real estate. The main contents of the instant 7 and 8-story lease agreement are as follows. Article 1(1) are to lease the above goods for hospital use, and the lessee shall lease them. The term of the contract is from April 17, 2007 to April 17, 2012. (2) This contract cannot be cancelled before the expiration of the term of the lease. However, if the lessee wishes to cancel the contract by exercising the right of statutory rescission before the expiration of the contract, it shall not be notified in writing at least three months before the termination date. Article 3(1) of the lease deposit is to be KRW 150 million. The lease deposit is to be determined after consultation between the lessor and the lessee. (2) If the lessee returns the leased goods to the lessee under the contractual terms and refund the entire lease deposit to the lessee and refund the lease deposit in full.

(c) The legal interest rate of 25 percent per annum on the rent and management expenses delayed from the rental deposit, the delay compensation, management expenses, the expenses for lighting and other damages shall be offset against the amount on an equal basis;

(1) A monthly rent shall be KRW 4.35 million, paid to a lessor on the 25th of each month, or deposited into a bank designated by the lessor.

(3) The management expenses shall be KRW 8,000 per square day.

(A) electricity charges, gas charges, etc. among management expenses, set forth in Section 4.

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