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(영문) 서울중앙지방법원 2016.07.21 2015가단5385817
임대차보증금
Text

1. The Defendants jointly share KRW 134,848,00 with respect to the Plaintiff and KRW 5% per annum from January 31, 2016 to July 21, 2016.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be admitted in full view of the overall purport of the pleadings as set out in Gap evidence 1 to 5 (including branch numbers; hereinafter the same shall apply).

On July 1, 2012, the Plaintiff entered into a lease agreement with the Defendants, setting the lease period of KRW 160,000,000 (hereinafter “instant lease deposit”), monthly rent of KRW 2,420,000 (excluding value-added tax), monthly management fee of KRW 770,000 (excluding value-added tax), and the lease period of KRW 2 years.

(hereinafter “instant lease agreement”). B.

Then, the instant lease agreement expired on June 30, 2014, but both parties did not explicitly express their intent, and thus, the Defendants demanded the premium increase amount. On October 1, 2015, the Plaintiff expressed to the Defendants the intent to terminate the instant lease agreement.

C. On January 30, 2016, the Plaintiff delivered the instant building to the Defendants.

(Plaintiff alleged that he/she delivered the instant building to the Defendant on November 28, 2015, but there is no evidence to acknowledge it). 2. The assertion and determination are made on November 28, 2015.

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was implicitly renewed, and the termination of January 1, 2016 after three months elapsed since the Plaintiff expressed his/her intent of termination to the Defendant on October 1, 2015, and the Plaintiff delivered the instant building to the Defendants on January 30, 2016. As such, the Defendants delivered the instant building to each of the Defendants on January 30, 2016, the amount calculated by deducting KRW 6,380,000 from the total rent and management expenses of KRW 160,000 to each of the Plaintiff, barring special circumstances.

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