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(영문) 서울서부지방법원 2014.08.08 2012가합1979
임대차보증금반환
Text

The Defendants are jointly and severally liable to the Plaintiff KRW 124,216,321 as well as 5% per annum from January 19, 2012 to August 8, 2014.

Reasons

Basic Facts

On February 28, 1997, the Plaintiff and C concluded a lease contract with Defendant B and D, setting the lease deposit amount to KRW 300,000,00, and the lease period to KRW 36 months after the completion of the building of this case, with respect to the entire floor and underground part of the building of this case (hereinafter referred to as the "lease object of this case") between Defendant B and D.

Defendant B and D commenced the new construction of the building of this case on March 14, 1997 and obtained approval for use on December 22, 1997, and the Plaintiff and C have continued to renew the lease contract while operating a restaurant on the second floor of the building of this case from that time.

On July 1, 2008, both the Plaintiff and the Defendants concluded a lease agreement with the Plaintiff and the Defendants by setting the lease deposit amount of KRW 300,00,000,000 as to the subject matter of the lease in this case, from January 1, 201 to December 31, 201, for two years from January 31, 201, the monthly rent of KRW 37,400,00 (including value-added tax; hereinafter the same shall apply), monthly management expenses, KRW 2,805,00 as management expenses, monthly rent of KRW 2,805,00 as well as the end of each month as of the date of payment of rent and management expenses.

(2) On December 31, 201, the Plaintiff delivered the instant lease object to the Defendants on December 31, 201.

The Plaintiff’s monthly rent of KRW 149,60,00 (=37,40,000 x 4 months) for the monthly management expenses from September 201 to December 2011, and KRW 11,20,00,000 (=2,805,000 x 4 months) for the monthly management expenses, 42,802 for the elevator repair charges, electricity charges, and water supply charges [6,297,60 for the electricity charges of KRW 528,80 for the elevator repair charges of KRW 4,802,72 for the electricity charges of KRW 528,00 for the elevator repair charges of KRW 11,585,570 for the electricity and water supply charges of KRW 11,570 for the Plaintiff’s automobile rental fees of KRW 505,70 for the instant building: 10,190 for the portion of KRW 4,281,190 for the instant building 10,204,198.

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