logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.08.28 2014가단38158
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 26, 2014, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the content that the Plaintiff uses the lease deposit amount of KRW 800 million, monthly rent of KRW 40 million (including value-added tax), monthly management fee of KRW 3,182,50 (including value-added tax), from October 20, 2014 to October 20, 2016 as the lease term of KRW 3,182,50 (including value-added tax), with the following content that the Plaintiff uses as a warehouse store (hereinafter “instant lease agreement”).

The plaintiff paid 40 million won as down payment to the defendant on the day.

Article 1 (Restriction on Use) The plaintiff shall not use leased articles for purposes other than warehouse-type stores.

Article 2 (Term of Lease Contract) The term of lease contract shall be concluded from October 20, 2014 to October 20, 2016.

Article 4 (Monthly Rent) Monthly rent shall include value-added tax, and shall be KRW 40 million per day.

Article 5 (Payment of Rent) The rent prescribed in Article 4 shall be paid by the plaintiff to the defendant on the 31st of each month during the term of the lease contract.

Provided, That where the rent is overdue, the plaintiff shall bear additional charges of 2% per month in arrears in addition to the monthly rent (including management expenses).

Article 8 (Rental Deposit)

1. A lease deposit for an object shall be KRW 80 million and shall be paid KRW 40 million for the down payment on August 26, 2014 and shall be paid KRW 360 million for the intermediate payment on October 20, 201.

10.20. The unpaid intermediate payment belongs to the Plaintiff, and the contract shall be terminated without both parties’ notice.

The balance of KRW 400 million shall be paid in full prior to the commencement of business, and the defendant shall not commence business if he/she fails to pay any balance.

Article 14 (Relationship to Permission and Licenses)

1. In the event that the plaintiff engages in the business requiring permission, the business permission shall be submitted in the name of the plaintiff after obtaining prior approval from the defendant, and the plaintiff shall bear external responsibilities.

arrow