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(영문) 수원지방법원 2016.08.11 2015나30999
보증금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On December 10, 2013, the Plaintiff entered into a lease agreement with the Defendant, his/her spouse, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 2,60,000 (repaid on December 15, 201), from December 10, 2013 to December 9, 2015, with respect to the first floor of building 641.91 square meters (hereinafter “instant commercial building”). The key contents of the lease agreement are as follows.

(hereinafter “instant lease contract”). [The lessee may not change the purpose or structure of the said real estate or sub-lease, transfer the right of lease or offer the security without the lessor’s consent, nor use it for any purpose other than the purpose of lease.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the lease deposit to the lessee, and if the lessor is in arrears or damages, he/she shall remove it and refund the balance thereof.

It shall be a contract under the current status of a special agreement and shall be restored to its original state upon maturity.

It is not possible to transfer a deposit, and all premiums shall not be recognized.

The first applicable time of the monthly rent shall be from January 15, 2014.

(Monthly Payment Account: The monthly rent is separate from value-added tax, and 100,000 won for each month shall be borne by the lessee.

A lessor agrees to use the following parking lot in the lessee's expense.

B. The Plaintiff paid 40,000,000 won for lease deposit under the instant lease agreement to the Defendant and used the instant commercial building in the name of “H”.

C. On December 8, 2014, the Plaintiff: (a) determined a goodwill of KRW 100,000 for a premium of KRW 100,000 for a premium; and (b) concluded a lease agreement of KRW 40,000 for an intermediate payment of KRW 40,000 for a contract at the time of entering into the lease agreement; and (c) the remainder of KRW 50,000 for a contract.

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