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(영문) 서울중앙지방법원 2019.01.16 2017가합577445
부당이득금
Text

1. The Defendant’s KRW 49,720,00 per annum from November 15, 2017 to January 16, 2019 and the next day.

Reasons

1. Facts of recognition;

A. On December 24, 2007, the Plaintiff, a representative of the Defendant, leased a building indicated in the separate sheet (hereinafter “instant building”) from C, etc. (hereinafter “instant lease”), and operated D stores in the instant building (hereinafter “instant store”). The instant lease agreement was modified as indicated below.

On December 24, 2007, C, and E on December 24, 2007 through December 28, 2007, to December 28, 2008, 7,304,00 on April 1, 200 on the lease deposit (including value-added tax), monthly rent (including value-added tax) (including 30,937,508), monthly management expenses (including value-added tax) (including 646,00,000, 930, 7, 304, 308 April 1, 200; 30, E on April 1, 2008 through March 31, 207; 30, 201. "On March 31, 2010 or on April 1, 2010 to June 21, 201," as "Defendant 40, 201.

B. Major contents of the instant lease agreement are as follows.

Where both parties do not express their special intent one month before the expiration of the lease term, the lease contract shall be extended for one year under the same conditions as the previous one (Article 2(1)). The plaintiff shall pay the management expenses imposed under the lease contract of this case to the management office by the end of each month.

(1) Article 7(1) of the Act provides that the Plaintiff shall have the duty to repair the section for common use of the building or the facilities for common use, and if it is deemed inevitable for the maintenance and management of the building due to the Plaintiff’s negligence in performing his duty under the preceding paragraph, the Defendant may repair or install the building, and claim the Plaintiff’s

(Article 16(1) and (3). The Plaintiff is fully responsible for the maintenance and repair of the instant building facilities leased and used by the Plaintiff.

(Article 3 of the Special Agreement).

The plaintiff's request for the reduction of management expenses against the defendant and repair thereof.

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