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(영문) 의정부지방법원고양지원 2015.08.20 2014가단38770
임대차보증금반환
Text

1. On April 1, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 53,343,115 to the Defendant-Counterclaim Plaintiff and KRW 47,554,967 among them.

Reasons

Facts of recognition

A principal lawsuit and a counterclaim shall be deemed to be combined.

On November 21, 2011, the Plaintiff leased the real estate listed in the separate sheet (hereinafter referred to as “instant building”) from the Defendants from the Defendants during the period from December 21, 201 to December 14, 201, with the lease deposit of KRW 46,909,800, and the lease contract of KRW 15,00,000, respectively.

(hereinafter “instant lease agreement”. Article 3 (Lease Period) ① The lease period shall be from December 15, 201 to December 14, 2013; however, this agreement shall be extended by one year (12 months) on the same condition as the expiration of the lease period, in which one of the parties does not express in writing his/her intention to terminate the lease at least 90 days before the expiration of the lease period.

(hereinafter “instant automatic extension agreement”). (3) A (the Defendant) or B (the Plaintiff) may terminate this agreement after mutual agreement even during the term of lease, and the termination shall become effective from the date of designation of B or B after mutual agreement.

Article 7 (Rents and Management Expenses) (1) Monthly rent shall be KRW 4,467,60 (Additional rent separately), and Eul shall pay the monthly rent to the designated account of A under Article 4 (1) by the last day of the relevant month (by Saturday and Sundays, and by the following day, if the last day is a legal holiday).

(2) B shall pay 2,792,250 won (in case where the last day is a Saturday and Sundays, and legal holiday, the following day) in the designated account of A under Article 4 (1) by the last day of the month, not later than the end of the month.

Article 9 (Order of Compensation for Delay and Appropriation of Performance) (1) In case where Eul fails to pay the rental deposit, rent and expenses by the due date, Eul shall pay the delinquent amount by adding the compensation for delay calculated by applying the overdue interest rate (24% per annum) to Gap during the overdue period.

(hereinafter referred to as “instant late payment charge agreement”). (2) The entire amount of the deposit paid to B shall be the debt to B.

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