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(영문) 서울중앙지방법원 2017.07.19 2017나5678
손해배상 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. D (hereinafter “Plaintiff, etc.”) who is the Plaintiff and the Plaintiff’s spouse

(A) On March 16, 2010, the Defendants and the Defendants are the second floor 232.65 square meters of the Seoul E building owned by the Plaintiff (hereinafter “instant store”) between the Defendants and the Defendants.

(1) The term “lease agreement” refers to a lease agreement under which the term of lease is to be fixed from March 16, 2010 to March 15, 2012, including KRW 100,000,000 (excluding value-added tax), monthly rent of KRW 9,00,000 (excluding value-added tax), monthly management expenses, and the term of lease (hereinafter “instant lease agreement”).

(2) The details of the instant lease agreement are as follows.

[Article 4 (Rents and Management Expenses)]

1. The monthly rent shall be KRW 9 million for the whole leased property, and monthly management expenses shall be determined as KRW 1.8 million for the whole leased property, and the rent and management expenses shall be calculated as KRW 1.1 million for the period from the first day of each month to the last day, and the monthly rent and management expenses shall be paid to the lessor by no later than the 25th day of the relevant month;

2. Where a lessee fails to pay monthly rent and management expenses to a lessor by the date referred to in the preceding paragraph, an administrative fine corresponding to the interest rate on arrears in general loans of financial institutions concerning monthly rent and management expenses in arrears shall be paid.

[Article 6 (Value-Added Tax]

2. The value-added tax on rents and management expenses shall be paid to a lessor on the payment date of rents each month in addition to rents;

[Article 16 (Nameing and Reinstatement)]

1. When this contract has been terminated, the lessee shall take out the leased object and property before the expiration thereof, return keys and the property owned by the lessor to the lessor, and order the lessor to order the whole leased object; and

2. The lessee shall, in consultation with the lessor, be obliged to restore the leased property to its original state, as the time of the contract was ordered;

The following matters:

(a)the floor substitute stone shall be re-routed by a whole re-rupture;

(b) The partitions shall be entirely removed;

(c).

The wall body shall prevent one another by two staloids.

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