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(영문) 서울서부지방법원 2016.12.01 2014가합40978
임대차계약해지에따른계약금반환및유익비등
Text

1. The Defendant-Counterclaim Plaintiff’s delivery of the second floor of 708.68 square meters on the attached list from the Plaintiff-Counterclaim Defendant (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts below the basis of facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 7, and 1.

On September 21, 2009, the Plaintiffs concluded a lease agreement between the Defendants on the second floor of 708.68 square meters of the building indicated in the attached list (hereinafter “instant building”) with the terms that KRW 100 million of the lease deposit, KRW 4 million of the rent month, and the lease period from September 30, 2009 to September 29, 201, on condition that the lease period is seven years in total, and the lease period is guaranteed to restore the instant building to its original state at the end of the lease.

(hereinafter “instant lease agreement”). B.

The Plaintiffs paid the instant lease deposit to the Defendants around September 30, 2009, and completed the construction of facilities for the Gowon’s business after receiving delivery of the instant building, and thereafter possess the instant building and operate the Gowon.

C. Meanwhile, the Plaintiffs and the Defendants increased the monthly rent of KRW 4.4 million on September 30, 201, and added management expenses to KRW 900,000 per month (excluding each value-added tax), thereby renewal of the instant lease agreement. On September 30, 2013, the instant lease agreement was renewed by raising the management expenses at KRW 4.7 million per month (excluding each value-added tax).

On July 18, 2014, the Defendants sent to the Plaintiffs the instant lease deposit amounting to KRW 150 million and KRW 6,500,000 per month. On the end of the dispute that the Plaintiffs refused, the Defendants filed the instant lawsuit against the Defendants seeking the refund of the instant lease deposit, etc. on December 22, 2014.

On September 10, 2015, the Plaintiff and the Defendant agreed on the instant lease agreement.

It is true that there is no dispute between the parties.

However, the defendants are all the defendants.

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