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(영문) 서울북부지방법원 2018.06.28 2015가합21923
보증금반환
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1. Of the instant lawsuits, the part demanding the return of KRW 60,000,000 shall be dismissed.

2. The plaintiff's remainder.

Reasons

Basic Facts

The Defendant entered into a lease contract, etc. between the Plaintiff and the Defendant is the owner of the 5th floor building in Yongsan-gu Seoul Metropolitan Government, and the 4th floor of the above building (hereinafter “instant building”) was equipped with facilities for the shop of marina (hereinafter “instant facilities”).

On February 24, 2014, the Plaintiff drafted a lease agreement with the Defendant on each of the terms of KRW 60,000,000 as the deposit money for lease, from March 5, 2014 to March 4, 2019, and KRW 10,000 as the monthly rent (excluding additional rent) from March 5, 2014. At the time of the said agreement, the Plaintiff paid the Defendant KRW 5,00,000 per month, separate from the monthly rent.

Around that time, the Plaintiff paid KRW 60,000,000 to the Defendant as the lease deposit.

The defendant requested the plaintiff to prepare a lease contract again due to tax issues, and the plaintiff and the defendant set up a lease contract (hereinafter "the lease contract in this case") with the condition that the plaintiff will rent the building in this case from the defendant as KRW 60,000,000, and the term of lease from March 5, 2014 to March 4, 2019.

1. The Plaintiff shall pay to the Defendant the monthly rent of KRW 1 million and KRW 5 million with the use cost of the instant facility on the fifth of each month.

2. The monthly rent preservation expenses shall be paid until the date of use and profit-making, and the expenses for the use of the facility in this case shall be paid until the total amount of such expenses reaches KRW 200 million;

3. The Plaintiff and the Defendant cannot make a claim for the right to use the instant facilities that the Plaintiff paid upon termination of the contract due to the cause attributable to the Plaintiff prior to the termination of the lease agreement, and all of the costs of the instant facilities that the Plaintiff paid to the Defendant are paid in full.

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