(영문) 서울중앙지방법원 2019.06.28 2015가합527064

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(영문) 서울중앙지방법원 2019.06.28 2015가합527064

채무부존재확인

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1. The respective lease agreements between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are concluded on April 10, 2013 and October 11, 2013.

Reasons

1. Basic facts

A. (1) On April 10, 2013, the Plaintiff entered into each of the instant lease agreements with the Defendant as “Seongsung-si D,” but was changed on January 6, 2014 (see, e.g., No. 3-1 (wholly registered certificate)). Ground warehouses and their affiliated buildings (hereinafter “instant warehouse”).

) From June 1, 2013 to May 31, 2018, the term of lease shall be 93,80,000 won, and from June 1, 2013 to May 31, 2018, the term of lease shall be 28,960,000 won per month, office usage fees (excluding value-added tax), 2,310,000 won per month, management fees (excluding value-added tax), and 3,358,00 won per month, (excluding value-added tax) for lease (hereinafter referred to as “the lease contract of this case”).

(2) On October 11, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 139,110,00, and the lease period of KRW 42,580,00 (excluding value-added tax) from December 1, 2013 to June 30, 2019; and KRW 3,790,000 (excluding value-added tax); however, during the seven-month period from December 1, 2013 to June 30, 2014, the rent for the office is KRW 20,00,000 (excluding value-added tax) monthly; the management fee for the 2,508,000 (excluding value-added tax); and the lease agreement for the 2,508,000 (excluding value-added tax); and

Article 3 (Lease Deposit)

4. Where the lessee fails to pay to the lessor monthly rent, management expenses for common areas, expenses for management and maintenance of common areas, damages, and all other obligations that he has to hold to the lessor in connection with the contract, the lessor may arbitrarily deduct them from the lease deposit, even though they are not obligated, and appropriate them for the lessor's monthly rent, management expenses for common areas, expenses for management and maintenance, damages and other claims;

In such cases, the lessor shall notify the lessee of the details of such deduction and appropriation.

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