(영문) 수원지방법원 2015.12.10 2014가합67921

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(영문) 수원지방법원 2015.12.10 2014가합67921

보증금반환

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1. The Defendant’s KRW 197,749,287 to the Plaintiffs, as well as 5% per annum from June 24, 2014 to December 10, 2015.

Reasons

1. Basic facts

A. On April 25, 2012, the Plaintiffs: (a) leased the Seocho-gu Seoul Metropolitan Government D Article 206 and 207 (hereinafter “the instant building”) from the Defendant to KRW 200,000,000 (including value-added tax); (b) KRW 13.2 billion per annum; (c) KRW 18% per annum of the interest rate of the rent; and (d) from April 25, 2012 to April 24, 2014, the Plaintiffs drafted a lease agreement that includes the following (hereinafter “instant lease agreement”; and (c) concluded the said contract under the said contract:

Article 5(1)(Time and Method of Payment of Rent) monthly payment shall be made on the 25th day of each month. paragraph (2) shall be remitted to the Defendant’s national bank account.

Article 6 (Cancellation and Termination of Contract) (1) In the event that the Plaintiffs have failed to pay rent two or more times at the time of payment under Article 5, this contract may be terminated immediately. (2) In the event that the contract is terminated or the lease contract is terminated, the Plaintiffs shall restore the building in this case to its original state within three days and return it to the Defendant.

Expenses for restoration shall be borne by the plaintiffs.

(3) In the case of paragraph (2), the defendant shall return the security deposit to the plaintiffs, and if the amount of the claim secured by overdue rent, overdue management fee, amount of damages, and security deposit exists, it shall be removed and the balance shall be refunded. In addition, the plaintiffs shall not claim for beneficial expenses and necessary expenses for any reason. When the contract is terminated or terminated, the plaintiffs shall remove their own property and property within the expiration date, and the leased goods, etc. shall be restored to their original state and returned to the defendant.

2) In the event that the Plaintiffs did not take out their own property or did not restore the leased property to its original state due to the circumstances, the Plaintiffs are entitled to compensate for the amount equivalent to twice the rent and the management fee calculated on a daily basis from the date when this contract was terminated to the date when it was actually restored or clarified.

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