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(영문) 서울중앙지방법원 2015.12.03 2014가합574537
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 224,395,049 and the interest rate of KRW 15% per annum from December 4, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On June 14, 2010, the Plaintiff leased the instant real estate from the Defendant for KRW 200,000,000 from the Seocho-gu Seoul Metropolitan Government Building 101, 202.52 square meters (hereinafter “instant real estate”) owned by the Defendant, and operated the mutually placed point of “D” upon delivery of the instant real estate.

On June 14, 2012, the Plaintiff entered into a new lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant real estate amounting to KRW 240,00,000,000 for deposit money, from June 14, 2012 to June 14, 2013, with the lease term of KRW 17,10,000 for monthly rent (excluding surtax), monthly management fee of KRW 1,200,000 for monthly management fee, and paid KRW 40,000 for increased deposit to the Defendant.

After that, the Plaintiff and the Defendant renewed the instant lease agreement by June 14, 2014.

B. On May 22, 2014, the Defendant demanded the Defendant to renew the instant lease agreement by increasing the deposit and monthly rent by 20%, but the Plaintiff rejected this request. Ultimately, the instant lease agreement was terminated on June 14, 2014.

C. On August 31, 2014, the Plaintiff continued to operate the business of the said main office until August 31, 2014, and terminated the business on September 1, 2014.

On September 1, 2014, the Plaintiff handed over the key to the instant real estate to Nonparty E, the administrator of the instant real estate, but at the time, the internal interior interior interior interior of the instant real estate did not have been removed, and a part of the collection and waste remains.

On August 2014, the Plaintiff paid 18,810,000 won (=17,10,000 won x 1.1, value added tax) management expenses x 1,320,000 won (i.e., 1,200,000 won x 1.1, value added tax), electricity charges 35,480 won, and water charges 470,600 won, whichever is less than 8,000,000 won.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 10 evidence, Eul 1 (including each number, if any, hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts established prior to the determination of the cause of the claim, the Plaintiff is the Defendant.

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