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(영문) 서울중앙지방법원 2017.11.17 2017가단25640
임대차보증금
Text

1. The defendant shall pay KRW 29,281,653 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On March 21, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 80 million, monthly rent of KRW 10 million (excluding value-added tax), and from April 1, 2016 to March 31, 2017 (hereinafter referred to as “instant lease agreement”) with the lease agreement to lease KRW 70,00 (hereinafter referred to as “instant lease agreement”).

B. A contract (No. 2, hereinafter referred to as the “instant lease contract”) entered into between the original and the Defendant at the time of the instant lease agreement is stipulated as follows:

(A) If B wishes to terminate this contract, the defendant, B, and B, Section 17 (Termination of Lease) shall be notified to A in writing not later than three months before the expiration of the contract period specified in section 2.

B shall be ordered to fully restore the leased object at the expiration of the contract term, and B shall be ordered to fully recover the leased object at the time of the expiration of the contract term. Therefore B's right to claim reimbursement of beneficial cost is not accepted.

Reinstatement means the state at the time of completion of the leased object;

(Natural: Basic light, lighting: Basic light light, walls: white chlographs, floor-based PVC straws): Provided, That the following lessee recognizes artificial structure at the time of acquisition.

Article 18 (Renewal of Contract) If either A or B fails to notify the other party of the refusal of the renewal of the contract or any change in the terms and conditions of the lease three months prior to the expiration of the term of lease specified in this contract, the renewal of the lease shall be deemed to have been made under the same conditions as this contract.

【B's Rule 2. B is transferred all the subjects at the time of the contract, and accordingly succeeds to the duty of restitution.

C. The Plaintiff paid KRW 80 million to the Defendant after the conclusion of the instant lease agreement.

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