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(영문) 서울동부지방법원 2015.06.04 2014가단111925
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 22,828,480 to the Plaintiff (Counterclaim Defendant) and its related amount from April 4, 2014 to June 4, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into the instant lease agreement on May 14, 2010, and the second floor of the Songpa-gu Seoul Ground Building C owned by the Defendant (hereinafter “instant building”)

As to the lease deposit, 30 million won, monthly rent of 2.7 million won (excluding value-added tax), management expenses monthly, 250,000 won from May 28, 2010 to May 27, 2012, and the Plaintiff entered into a lease agreement with the Defendant during the period from May 28, 2010, and operated the instant building as a restaurant upon delivery from the Defendant around May 28, 2010. (A) The lessee may not change the use or structure of the said real estate without the lessor’s consent or sub-lease, transfer the right of lease or offer the security, or use it for any purpose other than the purpose of the lease (Article 3(b)).

In such cases, the lessor shall return the deposit to the lessee, and if the lessor is in arrears or damages, he/she shall refrain from paying the deposit and refund the balance thereof.

(c) the lease contract of the present facility condition. The lessee will restore the facility condition to its original state at the expiration of the contract and does not demand the lessor to pay the premium. The lessee shall install the banner on the outer wall of the building and shall restore the building to its original state if melting is generated from the outer wall of the building after the construction (this special agreement provides b).

On March 26, 2012, prior to the expiration of the lease term, the Defendant notified the Plaintiff that he/she did not wish to renew the lease contract. On June 8, 2012, and June 19, 2012, after the lease term expires, the Defendant notified the Plaintiff that he/she did not wish to renew the lease unless he/she increases the monthly rent on several occasions, including July 16, 2012, and on July 31, 2012, the instant building was delivered by no intention to renew the contract until August 31, 2012.

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