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(영문) 서울중앙지방법원 2015.12.03 2015가합506555
임대차보증금 반환 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into a lease agreement between the Plaintiff and the Defendant (hereinafter “leased”) and the Plaintiff (hereinafter “Lessee”) enter into a lease agreement as stipulated in the following provisions on the leased object located in a tugboat building owned by a lessor.

Article 1 (Indication of Lease Articles) The term of lease under Article 3 (Term of Lease) shall be from April 1, 2013 to March 31, 2014.

Article 4 (Extension of Term of Lease) If there is no separate private indication between the two parties two months before the expiration of the term of lease, this contract shall be considered to be automatically extended every one year under the same conditions as this Agreement.

Article 5 (Cancellation within Term of Lease) If a lessor or lessee intends to cancel this contract even before the expiration of the contract period due to unavoidable circumstances, he/she shall notify the other party in writing three months in advance.

In addition, if the cancellation intention is not notified in writing at least three months, rent for three months, and management expenses shall be paid to the lessor as a damage compensation.

Where a lease contract is commenced on the monthly map (calculated of rent) under Article 6, the rent shall be calculated by the number of days by the end of the relevant month, and where the lease contract is terminated, it shall be calculated by one month even if it is less than one month.

Article 7 (Rents) Rent shall be KRW 3,850,000 in total for the area of lease indicated as monthly rent.

(Additional Tax Map). The contract deposit under Article 8 (Contract Deposit) shall be 490,000,000 won in total for the area of the lease indicated.

(1) A lessee shall deposit a contract bond with no interest-free, and a deposit with three-story (490,000,000) shall be substituted by a deposit already paid.

(2) If the lessee fails to pay the rent, fails to perform this contract, or is liable to compensate for damages, the lessor shall make the deposit of the lessee already paid without the lessee’s consent.

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