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(영문) 서울중앙지방법원 2019.11.08 2018가단5209198
임대차보증금
Text

1. As to the Plaintiff KRW 19,692,441 and KRW 13,246,603 among them, the Defendant shall pay to the Plaintiff KRW 6,45,838 from December 12, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates a private teaching institute, operates a private teaching institute franchise, etc., and the Defendant is a company that operates civil engineering construction business, real estate leasing and management business, etc.

B. On November 2, 2016, the Plaintiff entered into a lease agreement with the Defendant regarding D and E among the Yangcheon-gu Ground Buildings C (hereinafter “instant building”) owned by the Defendant on the following terms (hereinafter “each of the instant lease agreements”), and paid the Defendant the lease deposit under each of the instant lease agreements.

1) From December 12, 2016 to December 11, 2017, the Plaintiff entered into a lease agreement with the Defendant on the instant building D, with a deposit of KRW 30,00,00,00 for lease deposit of KRW 4,851,00 for monthly rent of KRW 4,851,00 for the instant building subparagraph (including value-added tax). (2) The Plaintiff entered into a lease agreement with the Defendant on the instant building subparagraph (including value-added tax) from December 20, 2016 to December 19, 2017, with the lease term of KRW 24,000 for the instant building subparagraph (a).

C. Since then, on October 10, 2017, before the expiration of the lease term under each of the instant lease agreements, the Plaintiff removed the building Nos. 4 and 5.

Each of the instant lease agreements was terminated upon the expiration of each period. At the time of the termination of the lease agreement, 11,480,700 won (i.e., 1,778,700 won (i.e., 4,851,00 won for October 1, 2017) for subparagraph D, and 12,295,244 won for subparagraph E (i.e., 2,957,080 won for December 4, 2017) for subparagraph (i.e., 1,851,851,00 won for December 4, 2017).

E. In addition, the Plaintiff did not pay KRW 413,451 for the management expenses of the instant building D-281,57 and E-281 on December 2, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, a lease agreement on the instant building D is concluded on December 11, 2017.

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