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(영문) 서울서부지방법원 2017.01.13 2016가단16576
임차보증금반환
Text

1. The Defendant’s KRW 28,292,100 as well as the Plaintiff’s annual rate from June 21, 2016 to January 13, 2017, and the following.

Reasons

1. Basic facts

A. On May 7, 2013, the Plaintiff: (a) from the Defendant, the Eunpyeong-gu Seoul Metropolitan Government and 125.08 square meters of store 125.08 square meters (hereinafter “instant store”) determined that deposit amount is KRW 50 million; (b) monthly rent is KRW 2310,000 (including value-added tax; (c) monthly rent is included; and (d) May 25, 2013 through May 25, 2015, the Plaintiff leased the instant store with the following terms (hereinafter “instant contract”); and (c) the instant store consists of a neighborhood living facility of KRW 63.28 square meters and a parking lot of KRW 61.8 square meters.

Part to be leased: The lessee shall recover the above real estate to its original state and return it to the lessor where the lease contract is terminated on the back of the first floor (including the part of the parking lot).

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

Special agreement - A lease in the present state after the on-site inspection and confirmation of a certified copy of the register. - A lessor shall make the parking lot part available for the current facilities.

B. In the instant store, the Plaintiff, while operating a crypt store at the instant store, changed the type of marina business, and, until the contract period expires, the Plaintiff paid KRW 8.24 million out of the rent (i.e., KRW 1 million for the unpaid rent of November 2014 + KRW 1.310,000 + unpaid rent of KRW 1.310,000 + unpaid rent of February 2015 + KRW 1.310,000 + unpaid rent of KRW 2310,000 due to May 201).

C. The Defendant notified the Plaintiff that he would raise the rent after the end of the above contract period, and issued a tax invoice, including value-added tax, which was issued in 2,310,000 won per month to the Plaintiff as a monthly tax invoice (including value-added tax) on June 30, 2015, and thereafter issued 2,530,000 won per month (including value-added tax) until May 31, 2016.

The Plaintiff did not pay the rent for the first time or for the first month of January 2015, and the Defendant did not pay the rent for the first time to the Plaintiff by means of content-certified mail of January 18, 2016.

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