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(영문) 서울중앙지방법원 2015.07.17 2014가합565823
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 13, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease the 788 square meters (hereinafter “instant leased building”) of the sposium building located in Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “instant building”), and paid the Defendant the down payment of KRW 394,000,000 on the same day.

The main contents of the above lease agreement are as follows:

Article 3 (1) The term of this lease contract is from April 16, 2012 to April 15, 2017 (5 years).

Article 4 (Total Rental Deposit, Rental Deposit, Monthly Rent, etc.) (1) "B" shall be paid to "A (the defendant)" by making the total rental deposit and monthly rent as the rental deposit and monthly rent, and the payment method shall be as follows:

On March 13, 2012, 200 won 10% remaining 10% of the total rental deposit of 3,940,000,000 won for the lease deposit of 394,000,000 won for the rent of 10% of the total rental deposit on March 13, 2012, the sum of KRW 2,000,000,000 for April 16, 2012, the sum of KRW 24,250,000 for the monthly rent of KRW 24,250,00 “A” on the date designated by the “A” (maintenance, etc.) of the aggregate of the rent of KRW 6(1) for the joint management and maintenance expenses (such as electricity, water supply, cooling/heating, ventilation, ventilation, cleaning, cleaning, etc.) of buildings; and (2) additional rent of KRW 19,700,00 for each 20,050 for each month.

Article 9(3)(A) If this contract is terminated in the middle of the contract due to the circumstances of "B", "B" shall be paid to "A" as penalty for breach of contract, such as the sum of the amount equivalent to 10% of the total rental deposit and the amount equivalent to three months of the cost of management and maintenance under Article 6(1).

On April 16, 2012, the Plaintiff paid KRW 1,606,00,000 to the Defendant simultaneously with the delivery of the instant leased building from the Defendant.

The plaintiff who entered into a lease agreement with the defendant is among the lease buildings in this case.

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