(영문) 서울중앙지방법원 2019.01.08 2018가단5143274

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(영문) 서울중앙지방법원 2019.01.08 2018가단5143274

채무부존재확인

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1. Of the counterclaim by the Defendant-Counterclaim Plaintiff, the part on the claim for restoration cost of KRW 5,00,000 shall be dismissed.

2...

Reasons

1. Basic facts

A. On February 29, 2016, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in attached Table 1 (hereinafter “instant building”) with the following terms:

(hereinafter “instant lease agreement”). Period of contract: From March 1, 2016 to February 28, 2023: 50,000,000 won: late-payment charge of KRW 3,500,000 (excluding value-added tax): To delay monthly rent, the late-payment charge of KRW 20,000 shall be paid by adding the late-payment charge at the rate of 20,00 per annum from the day following the date of payment to the date of full payment.

Management expenses: Taxes and public charges of KRW 300,000 per month (excluding value-added tax):

1. Electricity rates (exclusive and joint shares);

2. Water rates (exclusive and joint charges);

3. Charges for causing traffic congestion:

4. Environmental improvement charges; and

5. Deemed rent and other taxes and public charges: Article 13 (Matters of special agreement) (4) shall be notified, in writing, to the lessor at least six months prior to the expiration of the lease term if the lessee has no intention to renew the lease with the lessor prior to the expiration of the lease term. If the lessee fails to notify the termination of the lease term six months prior to the expiration of the lease term, and the lessee has ordered the lessee to refund the lease deposit and to order the lessee to do so within 180 days after the expiration of the lease term, the lessor shall refund the lease deposit, and until the lease is returned, the lessee shall not pay all the expenses, such as monthly rent and management expenses, and the lessor shall not be liable to pay the damages for delay;

(A) A lessor shall immediately return the deposit to the lessee at the time of re-lease, but in such cases, the lessee shall restore the leased object to its original state and return it to the lessor if he/she has ordered the lessor to surrender

B. When it was difficult for the Plaintiff to continue to conduct the business due to personal circumstances while operating dental services in the instant building, the Plaintiff did not have an intent to engage in the lease contract after the termination of the lease contract to the Defendant on April 11, 2018.

유사 판례

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-서울중앙지방법원 2015.06.10 2014가단113652