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(영문) 서울남부지방법원 2018.11.02 2016가단25151
보증금반환
Text

1. Of the instant lawsuits, KRW 30,000,000, and for this, 6% per annum from March 5, 2016 to the service date of a duplicate of the instant complaint.

Reasons

1. In a case where the Plaintiff under Article 5 of the Basic Fact-Finding Rental Contract fails to pay the security deposit, monthly rent, and other monetary obligations to the Defendant under the instant lease agreement, the Plaintiff shall pay the overdue charge of 12% per annum for the number of days in arrears from each due date.

Article 9 In the absence of a written declaration from either of the parties at least two months before the expiration of the lease term, the plaintiff and the defendant shall extend the contract for one year under the same conditions as this lease term.

Article 10 (1) If the lease contract of this case is cancelled pursuant to Article 12 (1) by the expiration date of the contract term, the plaintiff shall take out the property owned by the plaintiff, facilities, etc. from the leased object by the date designated by the defendant, if the lease contract of this case is cancelled.

② If the Plaintiff alters or damages the Defendant’s facilities and property, it shall be restored to its original state at the Plaintiff’s expense.

③ The Plaintiff may not claim any premium and beneficial expenses to the Defendant regarding the leased object and the facilities installed on the leased object of the Plaintiff.

The calculation of the first rent under the special agreement shall be applied from January 5, 2012.

On December 25, 2011, the Plaintiff operating a golf practice range: (a) leased a deposit deposit of approximately KRW 70 million, monthly rent of KRW 3.5 million (excluding value-added tax), and from December 26, 201 to December 25, 2013, a lease of approximately 425 square meters (hereinafter referred to as “instant store”) in total on the 6th floor of the 3rd floor of the Gangseo-gu Seoul Metropolitan Government Land Building C, which is owned by the Defendant, from the Defendant, to December 25, 201; and (b) the key contents of the instant lease agreement are as follows.

B. The Plaintiff and the Defendant renewed the instant lease agreement with a two-year period around the expiration of the instant lease agreement, and the Defendant notified the Plaintiff on December 16, 2015 that the instant lease agreement will be rescinded.

C. On March 4, 2016, the Plaintiff issued the instant store to the Defendant.

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