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(영문) 서울중앙지방법원 2018.08.21 2017가단5201104
보증금반환
Text

1. The Defendant’s KRW 7,500,751 as well as the Plaintiff’s annual rate of KRW 5% from January 19, 2018 to August 21, 2018.

Reasons

1. Basic facts

A. On June 20, 2014, the Plaintiff leased the 13th floor No. 1301 (hereinafter “instant real estate”) among the Gangnam-gu Seoul building (hereinafter “instant building”) owned by the Defendant to use it for educational and research facilities (Evidence A2 and Evidence B) and concluded a contract with the effect that the period of the instant lease is extended by one year on May 3, 2016 (Evidence B 4-1). The main contents of the contract are as follows:

(hereinafter “instant lease agreement”). The monthly rent, management expenses, actual expenses, and management expenses for the monthly rent and management expenses for the deposit for the contract-based contract (electric charge and water supply and sewerage charge) on June 1, 2014 through June 30, 2016, separate imposition of KRW 8,658,000 (Additional Tax Map) 2,734,000 (Additional Tax Map) on July 3, 2016 to June 30, 2017, separate imposition of KRW 8,260,000 (Additional Tax Table) (Additional Tax) on July 1, 2016 to June 30, 2017, separate imposition of KRW 2,740,000 (Additional Tax Table).

B. On May 3, 2016, the Plaintiff and the Defendant agreed to reinstate at the time of termination of the contract in the instant lease agreement as follows.

Article 12 (Refund after Deduction of Rental Deposit) The term “A” lessor means the Defendant who is the lessor.

(hereinafter the same shall apply)

Pursuant to section 11, the term "B" means the plaintiff who is a lessee.

(hereinafter the same shall apply)

When returning a rental deposit to a person, the penalty, compensation for illegal use, expenses incurred in restoring the original state (Article 35, “Article 37” appears to be clerical error in the name of paragraph (4). In the event of delay in the name of paragraph (4), “B” including rents and management expenses, compensation for damages), overdue rents, and other expenses shall be refunded only to “B” after deducting all obligations that should have to be paid to “A”.

However, the same shall not apply to the portion already paid by “B”.

Article 37 (Restoration of Title and Restoration to Original State) (1) In cases where this contract is terminated or terminated, the term “B” shall remove all the property and property of “B” from the leased object before the expiration of the contract, and the key and other property to “A”.

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