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(영문) 부산지방법원동부지원 2015.05.15 2014가합101001
임대차보증금 반환청구
Text

1. The Defendant’s KRW 103,214,496 for the Plaintiff and 6% per annum from June 22, 2013 to May 15, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a person who leased from the Defendant the 17th floor of 176.16 square meters and 18th floor of 767,10 square meters (hereinafter “instant building”) among the above-mentioned 1436-1 ground buildings in Busan Shipping Daegu-gu, Busan-do, 1436-1, and the Defendant is the lessor of the instant building.

B. (1) On May 17, 2010, the Plaintiff concluded a lease agreement with the Defendant to lease the instant building from July 1, 2010 to June 30, 2013, with the lease deposit amount of KRW 500 million, monthly rent of KRW 19,507,100 (Additional Tax), management fee of KRW 14,004,10 (Additional Tax), and KRW 14,004,100 (Additional Tax) (hereinafter “instant lease agreement”).

(2) Of the terms of the instant lease agreement, the details pertaining to restitution at the time of termination of the lease agreement are as follows.

Where this contract is terminated under Article 3, the lessor shall return the lease deposit to the lessee within 14 days after receiving an order of the leased object from the lessee.

However, the lessor shall return the balance to the lessee after deducting the amount equivalent to the lease deposit if there is any remainder of the expenses or liabilities to be borne by the lessee in connection with this contract.

Where a lease contract is terminated under Article 17, the lessee shall order the lessor to order the whole leased object.

Where a lessee is exempted from his/her obligation from the lessor, he/she shall remove the leased object, attached facilities, partitions, and other altered facilities installed by the lessee at the expense of the lessee, and shall restore the original state at the time of concluding the contract and order the lessor to do so.

If a lessee fails to restore to the original state or specify, the amount equivalent to the ordinary rent and management expenses until the date of the actual restoration to the original state and the reputation, and in addition, the amount equivalent to 20% of the above amount shall be paid as damages.

(3) The Plaintiff’s lease deposit amount is KRW 500 million to the Defendant around June 2010.

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