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(영문) 서울중앙지방법원 2017.10.19 2017가단5060303
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 12, 2015, the Defendant concluded a lease agreement with the Plaintiff on the lease of the first and second floors of building C located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) and containing the following (hereinafter “instant lease agreement”).

From March 16, 2015 to March 15, 2017, the lease deposit amount of KRW 200,000,000 (in addition to value-added tax of KRW 1.4 million, including it, KRW 1.5,40,00,000), monthly payment date, and the lease term of KRW 15,00,000,000,000.

In the event of the delinquency in rent, the arrears calculated with 3% welfare per month shall be paid.

On March 17, 2015 with respect to the instant lease agreement, the Defendant filed a claim against the Plaintiff for the telephone of lawsuit against the Plaintiff, such as the Seoul Central District Court 2015No. 500 building title map, etc., and the settlement was formed on May 11, 2015. The following provisions are included in the protocol of compromise (hereinafter “instant protocol of compromise”).

The respondent (the plaintiff of this case) received from the applicant (the defendant of this case) all public charges, such as overdue rent, electricity fee, and water fee, and the balance obtained by deducting the expenses for restitution from the deposit amount of 200 million won, and the return of the building of this case until March 15, 2017, and ordered the applicant to order the building of this case

(F) (Written Omission) (1) The respondent shall lose the benefit of time in the event of the arrears of rent for more than three months, shall receive the balance of the deposit mentioned in paragraph 1, and shall immediately deliver the building to the applicant in return for repayment.

(paragraph 4)

C. On March 2, 2017, the Defendant concluded a lease agreement with the Plaintiff in arrears, and calculated a sum of KRW 101,485,299 in arrears, etc. to be paid by the Plaintiff as of March 2, 2017 ( KRW 53,89,99,99, interest in arrears, KRW 26,209,70 in arrears, KRW 815,470 in arrears, and KRW 2,483,630 in arrears, and restoration expenses, KRW 18,514,70 in arrears, and KRW 18,5122,00 in arrears, etc. from the lease deposit to March 2, 2017 (Seoul Southern District Court Decision 2017No.11222, 2017), and pursuant to the instant protocol of conciliation, the Defendant deposited the amount of KRW 98,514,701 in advance.

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