(영문) 서울중앙지방법원 2016.09.29 2014가합44647

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(영문) 서울중앙지방법원 2016.09.29 2014가합44647

위약벌 등

Text

1. The defendant shall be the plaintiff.

(a) KRW 1,114,837,418 as well as 6% per annum from November 18, 2014 to September 29, 2016; and

Reasons

1. Basic facts: Article 2 [Use, Lease Term, etc.] (1) The lease contract period shall be ten years from the completion date of the D building (hereinafter referred to as "lease Commencement Date");

A lessor may notify the lessee of the renewal in writing at least one year prior to the expiration of the term of the lease, and shall notify the lessee of the renewal within one month after receipt of the confirmation document.

Article 3 (Lease Deposit) (1) The lessee shall pay in cash the amount of KRW 2 billion on the date of conclusion of this contract as the lease deposit, and the amount of KRW 8 billion on the commencement date of the lease to the deposit account opened in the name of the lessee under the name of the lessee.

In addition, the lessee shall pay the lessor the additional lease deposit determined by mutual consultation by reflecting the inflation rate within the statutory limit every two years from the contract date.

Where the parties fail to reach an agreement on the increase of lease deposit, the actual inflation rate (referring to the increase rate based on the consumer price index publicly notified on the monthly report of survey statistics published by the Bank of Korea, and if the consumer price index is not publicly notified any more in the present method, it shall be replaced by another index agreed between the parties to this contract; hereinafter the same shall apply) for the immediately preceding year shall apply.

(2) The lessee shall not substitute the management expenses borne by the lessee to the lessor under the contract with the lease deposit under the provisions of Section (1) of this Article, and the performance of the obligation borne by the lessee under the contract (hereinafter referred to as the "lease,

(3) Where a lessee delays the performance of the duty of payment to be borne by the lessee under this contract, the lessor may, without additional procedures, deduct the amount equivalent to the delayed payment from the deposit for lease where the lessee has been paid.

(4) A lessor shall notify the lessee of the details of the lease deposit in writing within seven days from the date of deduction.

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