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(영문) 서울중앙지방법원 2016.12.22 2015가단5226987
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2 million to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from July 24, 2015 to December 22, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 1, 2012, the Plaintiff concluded a lease agreement with the Defendant and the Seoul Gangnam-gu Seoul Metropolitan Government lease six floors (hereinafter “instant first lease agreement”) and operated a private teaching institute at a certain point, the Plaintiff agreed to extend the lease period by September 30, 2013, for the Defendant and the Defendant to pay KRW 12,248,860 (hereinafter “the cost of restoring to the original state”) as the cost of restoring to the original state, which was imminent upon the expiration of the lease period ( August 31, 2013).

However, even after the renewal of the above lease contract, the lease contract was concluded again on April 5, 2014 as follows.

B. On April 5, 2014, the Plaintiff entered into a lease agreement with the Defendant and prepared a lease agreement to lease some of the six floors of Seoul Gangnam-gu Seoul building (hereinafter “instant secondary lease agreement”) (hereinafter “instant secondary lease agreement”), and the main contents thereof are as follows.

Article 1 - Lease Deposit: 30 million won (contract deposit, balance of KRW 3 million, and KRW 25 million): 2.1 million (including management expenses, such as electricity and water supply, and value-added tax, separate from value-added tax): Article 2- Lease Term: From May 1, 2014 to September 30, 2015, "No. 1" under the Lease Agreement (Evidence 1) from September 30, 2019 is a clerical error.

Article 4 of theO (17 months) - Where the lessee has failed to pay the rent for at least two months, the lessor may terminate the lease contract, and if the arrears are repeated, the lessee may not raise any objection against the lessee by taking any measure against the lessor regardless of the term of the lease.

Article 5 – When the lease term expires, the lessee shall return the above real estate to the lessor in a present condition.

The restoration obligation shall be deemed non-existent.

O Special Agreement - Monthly Payment Account: Business Account of the National Bank D- (hereinafter omitted) - The amount of KRW 10 million out of the remainder of lease deposit shall be paid at the latest until the end of August 2014.

Provided, That it shall be KRW 50,000 per month from May to the payment.

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