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(영문) 의정부지방법원고양지원 2017.07.21 2016가합74036
보증금반환
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 23,037,224 and its amount from September 23, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 9, 2010, the Plaintiffs and D (hereinafter “Plaintiff”) entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as to the building site and hospital (excluding funeral homes, parking lots, common use; hereinafter “instant leased object”) on the land outside E and the 14 lots of land at the time of strike, with the lease deposit of KRW 400,00,00,000, monthly rent of KRW 28,000,000 (excluding value-added tax of KRW 10,000,000, and the lease term of KRW 25,00,000,000 for the first one year from April 1, 2010 (hereinafter “instant lease agreement”).

The main matters related to the instant case in the contract are as follows:

Article 2 (Contract Period and Contract Deposit)

1. The term of lease shall be the guarantee key for five years (60 months) from April 1, 2010;

Article 3 (Deposit for Rental)

1. The lease deposit, among the terms and conditions of lease, shall be 400,000,000 won, and 50% of the amount thereof shall be secured by the deposit, for the purpose of loan, and the lessee shall use it for the purpose of loan, and shall prepare and submit

(2) The outlines

4. The lessee may deduct at will the liabilities of this Section, including the various expenses to be borne by him/her under this contract, and appropriate them for the recovery of claims of the lessor.

In such cases, the deducted amount shall be supplemented within ten days from the date of receipt of the notice of lease.

5. 임대차기간의 만료 또는 해지 기타 사유로 인하여 이 계약이 종료되는 �에는 임차인이 임대차 물건을 명도한 후 임대인은 임대 보증금을 임차인에게 반환한다.

Provided, That the lessor shall refund the balance after deducting the same amount.

Article 4 (Rents)

1. The monthly rent shall be 28,000,000 (excluding value-added tax) and shall be 25,000,000 won for a year and 28,000,000 won for a year thereafter; and

(excluding value-added tax). A lessee shall do so on and before the last day of each month (in the case of legal holiday, before that day).

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