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(영문) 서울북부지방법원 2014.07.11 2013나6009
보증금반환 등
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the above revoked part shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 12, 2005, the Plaintiff leased 60 million won, monthly rent of 3.3 million won (in addition, hereinafter the same shall apply), management expenses (10,000 won per square, and lease deposit amount from October 1, 2005 to September 30, 2007, and thereafter started to operate a suitable sports center for the growth and development of juveniles after receiving the instant building from the Defendant.

B. On September 30, 2007, the Plaintiff concluded a lease contract again with the Defendant by setting the lease contract as KRW 3.7 million per the average management fee, KRW 12,000 per the lease term from October 1, 2007 to September 30, 2009. On September 30, 2009, the Plaintiff increased the rent as KRW 3.95 million per September 30, 2009, and the management fee was KRW 13,000 per square year, and the lease contract was concluded again by setting the lease term as until September 30, 201 (hereinafter “instant lease contract”).

C. At the time of each of the above lease agreements, the plaintiff and the defendant paid monthly rent, management expenses, and public imposts by the end of each month, and if the plaintiff delays the payment thereof, the plaintiff shall pay the delayed payment by adding 3% of the monthly delayed payment (Article 5 subparagraph 2 of the lease agreement provides that the defendant shall pay the delayed payment by adding 3% of the monthly delayed payment to the requested amount until the full payment is made. In light of the forms provided in Article 5 subparagraphs 1 and 2 of the lease agreement and the fact that the plaintiff has already recognized the overdue rent, management expenses, and late payment charges on public charges before the lawsuit in this case was filed, it is reasonable to deem that the plaintiff and the defendant agreed to pay late payment charges at the time of the lease agreement in this case, including both management expenses and public charges, and if the building in this case is ordered upon termination of the contract, the plaintiff may receive the deposit to restore it to its original condition.

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