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(영문) 서울중앙지방법원 2016.12.06 2016가합529890
임대차보증금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 174,383,905 to the Defendant (Counterclaim Plaintiff) and its related amount from April 1, 2016 to December 6, 2016.

Reasons

1. Facts of recognition;

A. On August 9, 2012, the Plaintiff is a company with the objective of civil engineering, construction, electricity, telecommunications, steelworks, and other construction businesses, and the Defendant is a company with the objective of acquiring, managing, improving and disposing of real estate, real estate development projects, etc.

B. On April 7, 2015, the Plaintiff entered into the instant lease agreement with the Defendant and the Gangdong-gu Seoul Metropolitan Government (hereinafter “instant lease agreement”) on the 7,10 floors (hereinafter “instant building”). The key contents of the instant lease agreement are as follows.

A lessor: The term of a lease contract under Article 3 (1) shall be from July 4, 2015 to July 3, 2017 (24 months).

(5) Even if the termination of a contract is performed due to the circumstances of a lessee during the contract period, the lessee shall pay rent and management expenses until the contract expires.

Provided, That where a substitute lessee is to move into, it may proceed in consultation with the lessor.

Article 4 (Lease Deposit) (1) The lease deposit for the leased object is KRW 425,232,00, and the lease deposit shall be paid to the lessor according to the methods prescribed in the following table:

Article 5 (Monthly Rent, Management Expenses, and Other Expenses) (1) Monthly rent for the entire lease of a leased object shall be KRW 40,482,086 (AT separate), and the lessee shall pay the rent for the current month by transferring it to the bank account designated by the lessor by the last day of each month (if the relevant date is not a business day, the next business day shall be the business day thereafter) and value-added tax shall be borne by the lessee.

(2) Management expenses shall be paid for the maintenance and management of the basic building (electrics, water supply, cooling, heating, etc.) and for the basic maintenance and management expenses for the basic building provided monthly to the section for common use, provided for the regular operation hours (7:00 am to 8:00 am).

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