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(영문) 서울중앙지방법원 2017.07.07 2016가합549252
임대차보증금
Text

1. On April 11, 2017, the Plaintiff (Counterclaim Defendant) paid KRW 280,910,710 to the Defendant (Counterclaim Plaintiff) and KRW 232,387,150 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Article 3 (Deposit and Rent) (5) Rent shall be deposited into the account designated by the defendant by the 10th day of each month (in the case of holidays, by the following business day).

Article 5 [Management Expenses] (1) Monthly Management Expenses for leased objects shall be 13,000 won/3.3m2 (Additional Tax Separately).

Provided, That public charges, such as urban gas and individual electricity charges, water supply charges, etc., shall be borne by the plaintiff.

(2) The plaintiff shall bear management expenses, public charges, etc. under the preceding paragraph even if he/she did not use the leased object during the term of validity.

Article 15 (Late Payment) In the event that the Plaintiff has failed to pay the obligation to the Plaintiff under this Agreement, the Plaintiff shall pay the overdue charge equivalent to 20% per annum for the number of overdue days plus the overdue charge.

On February 11, 2014, the Plaintiff leased from the Defendant the 2,3rd floor of Gangnam-gu Seoul Building (hereinafter “instant building”) (hereinafter “the leased object”) from the Defendant to February 27, 2019 (hereinafter “instant building”) 150,00,000, and rent for the leased object of the instant lease, 15% (where the 15% of the monthly sales is less than 9,00,000,000 won, value-added tax shall be assessed as monthly rent) of the monthly sales at the coffee specialty store operated by the Plaintiff from the leased object of the instant lease (hereinafter “instant lease”). The term of lease is set from February 28, 2014 to February 27, 2019, the main contents of the instant lease agreement related to the instant case are as follows:

The sum of the area of the leased object of this case is 267.63 square meters (i.e., 136.51 square meters on two floors). The monthly management expenses for the leased object of this case are 1,159,400 square meters.

The monthly management expenses calculated in accordance with the method prescribed by Article 5(1) of the instant lease agreement (i.e., KRW 13,000/3.3 square meters x 267.63 square meters x 1.1; including value-added tax) or the fact that monthly management expenses are 1,159,400 shall not be disputed between the parties or 2 and 5, respectively.

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