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(영문) 서울중앙지방법원 2015.06.10 2014가단113652
보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 55,127,792 to the Plaintiff (Counterclaim Defendant) and its related amount from April 17, 2014 to June 10, 2015.

Reasons

1. Basic facts

A. The Defendant leased to the Plaintiff the amount of KRW 940 square meters (hereinafter “instant real estate”) based on the unit price per 3 square meters of Jongno-gu Seoul Metropolitan Building 306, 307, 308, 309, 310, 311, 312, 402, and 404, which is owned by the Defendant, at KRW 15,096,520 per 3 square meters of the instant real estate (hereinafter “instant real estate”). Accordingly, the Plaintiff paid the Defendant a deposit amount of KRW 150,965,200, and used the instant real estate.

B. Article 2(2) of the instant lease agreement provides that "a lessee or a lessee shall give written notice of his/her intention to terminate or change the terms and conditions of the contract two months before the expiration of the lease period, and a lessor shall be deemed to have extended the lease contract for six months under the same condition if he/she fails to give written notice." Article 2(4) provides that "if a lessee has terminated the lease contract during the contract period, the lessee shall pay the lessee the amount equivalent to the rent and management expenses in addition to the monthly rent and compensation for damages for the amount of two months, in addition to the monthly rent." Article 3(6) provides that "in the case of the termination or termination of the lease contract, the lessee shall restore the leased object to its original state and the lessor shall return the deposit within 30 days from the date the lessee has delivered the leased object to the lessee: Provided, That if the expenses and liabilities belonging to the lessee have been deducted, the lessee shall remove the attached facilities, partitions structure or other altered facilities at his/her own expense at the time of the lease contract, and the lessor may not own or carry out his/her property to the lessee's."

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