logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.09.08 2015가단32198
원상회복 및 건물인도
Text

1. The counterclaim Defendant: 17,850,000 won to the counterclaim and 5% per annum from October 25, 2016 to September 8, 2017; and

Reasons

1. Basic facts

A. On June 11, 2012, the Plaintiff entered into an initial lease agreement with the counterclaim Defendant and the Plaintiff entered into a lease agreement with the term from August 23, 201 to August 22, 2014, setting the lease agreement as follows, with respect to the first floor of the Seoul Building in the Seoul Special Metropolitan City (hereinafter “the first floor store in this case”) with respect to the lease deposit amount of KRW 100 million, monthly rent of KRW 3 million (the first floor in each month), and the term of lease from August 23, 2012 to August 22, 2014:

[Initial Lease Contract (1st floor)] Special Terms and Conditions

1. A contract in a present state;

2. Additional tax exemption (10% of the additional tax);

3. The monthly rent of KRW 3 million as of August 1, 2013 shall be increased by 500,000 after August 1, 2013.

B. Around August 2014, the Counterclaim Plaintiff entered into a lease agreement with the Counterclaim Defendant by setting the lease deposit amount of KRW 100 million, monthly rent of KRW 500,000,000, and the term of lease from August 23, 2014 to August 22, 2016, along with the following special agreement:

【Renewald Lease Contract (One-story)” (hereinafter “Renewal Contract”). Matters of a special agreement

1.The present state renewal contract is the value added tax is separate.

The counterclaim Defendant: (a) is a person who is “the counterclaim Defendant bears part of the surtax, and the counterclaim Defendant agreed to pay KRW 350,000 out of the surtax to bear KRW 3.5 million.”

(B) On December 16, 2015, the lessee shall restore the facility premium to its original state in principle after the expiration of the contract period, and the lessee may not request the lessor to recover the facility premium.

C. On December 14, 2012, the Plaintiff entered into an additional lease agreement with the counterclaim Defendant and the second floor of the Seoul Building in the Seoul Special Metropolitan City (hereinafter “second floor store in this case”) on the following special terms and conditions: (a) the lease deposit amount of KRW 100 million; (b) the monthly rent of KRW 150 million; and (c) the lease period of KRW 24,000,000,000 for December 24, 2012; and (d) the lease agreement was concluded between December 23, 2014 and December 23, 2014.

[2] The terms and conditions of a lease contract(2nd floor) are different from those stipulated in the lease contract(1).

However, unlike the contract, the counterclaim defendant and the counterclaim are different.

arrow