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(영문) 서울남부지방법원 2020.06.19 2019가단243905
임대차보증금
Text

1. The Defendant’s KRW 16,627,00 for the Plaintiff and KRW 6% per annum from October 6, 2019 to June 19, 2020 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 17, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as KRW 50 million from April 21, 2014 to April 20, 2016, the lease deposit amount of KRW 50 million, monthly rent of KRW 1.5 million (excluding value-added tax, payment on the 18th day of each month, and later payment).

(hereinafter “instant lease agreement”). B.

Since then, according to the agreement of the plaintiff and the defendant, the lessor paid the monthly rent of KRW 1,50,000 (excluding value-added tax) from July 18, 2015 to January 18, 2019, by the agreement of the plaintiff and the defendant.

C. The Plaintiff leased the instant commercial building and operated a pharmacy in the name of “F Pharmacy.”

Article 10(5) and Article 10(5) of the Commercial Building Lease Protection Act (request, etc. for the renewal of a contract) (1) of the said lease agreement was explicitly renewed on April 20, 2016, and the Plaintiff may not refuse the lease agreement without justifiable grounds if the lessee requests the renewal of the contract between six months and one month before the expiration of the lease term.

Provided, That the foregoing shall not apply to any of the following cases:

(4) If a lessor fails to notify the lessee of the refusal of the renewal or of the change in the terms and conditions within the period as referred to in paragraph (1), the lease shall be considered to have been renewed under the same conditions as those of the former lease at the expiration

In such cases, the term of lease shall be deemed one year.

(5) A lessee may notify a lessor of the termination of a contract at any time in cases falling under paragraph (4), and such notification shall take effect three months after the date such landlord is notified of such fact.

The notice of the termination of the instant lease agreement was given by the Defendant on January 2, 2019.

E. On February 22, 2019, the Plaintiff partially performed the restoration of the commercial building of this case to its original state and delivered it to the Defendant.

F. The Plaintiff on August 1, 2019

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