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(영문) 수원지방법원 안양지원 2018.05.11 2016가단111513
임대차보증금
Text

1. The Defendant’s KRW 60 million, and the Plaintiff’s annual interest from July 1, 2016 to August 16, 2016, and the amount of KRW 50 million.

Reasons

1. Facts of recognition;

A. On July 1, 2013, the Plaintiff is a 62-ro 104-ro (Yyang-dong; hereinafter “instant building”) from the Defendant’s radio wave during the Ansan-si period owned by the Defendant.

Of the foregoing, 814.28 square meters per underground floor (hereinafter “instant factory”) is a factory.

(B) As to the instant lease agreement with the Defendant, deposit money of KRW 60 million, monthly rent of KRW 5 million (excluding value-added tax), lease term of KRW 5 million from July 1, 2013 to July 31, 2017 (hereinafter “instant lease agreement”).

Upon termination of the lease agreement, the Plaintiff’s obligation to restore the plant to its original state was determined as follows. Article 20 (Lighting and Restoration to Original State)

2. The facilities attached (including the cooperative facilities with partitions) or altered facilities shall be removed at the lessee’s expense at the same time as the termination of the lease contract, and shall be restored to the original state (tex: tex, floor, tamper, electric light);

The lessor may perform the work at the request of the lessee at the expense of the lessee.

3. If a lessee fails to take out the object or property owned by him or to restore the leased object to its original state for any reason, the lessee shall pay to the lessor an amount equivalent to twice the ordinary rent from the date when this contract is terminated until the date when it is actually clarified or returned to the original state; and

B. On June 30, 2016, the instant lease agreement was renewed after the agreed lease term, and terminated by agreement between the Plaintiff and the Defendant, and the Plaintiff removed the facilities and altered facilities installed by the Plaintiff after the conclusion of the instant lease agreement, and delivered the instant factory to the Defendant on the same day after the date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease contract was terminated on June 30, 2016, and the Defendant, barring special circumstances, is KRW 60 million as deposit for the instant lease contract to the Plaintiff.

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