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(영문) 서울서부지방법원 2019.08.22 2018가단18422
정산금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 62,452,700 to the Defendant (Counterclaim Plaintiff) and against this, from April 5, 2019 to August 22, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 12, 2014, the Plaintiff entered into a lease agreement with the Defendant on the building listed in the separate sheet No. 1 (hereinafter “instant building”) (hereinafter “instant lease agreement”) and related thereto, on May 11, 2015, the Seoul Western District Court (Seoul Western District Court Decision 2014No. 254, also filed a lawsuit telephone for the following matters (hereinafter “instant lawsuit telephone”).

【Settlement Clause】

1. With respect to the instant building, the parties entered into a lease agreement as follows:

Deposit for lease: 20 million won

(b) Monthly rent: 2.5 million won, payment on 28th of each month, and value-added tax separately;

(c) Term of lease: From October 1, 2014 to February 28, 2017;

(d)the management costs shall be one million won per month for one year from the date of the contract, and the common electricity charges and water charges shall be adjusted by the rate of increase in comparison with the preceding year.

2. A lessee may rebuild or alter a leased building with the approval of the lessor, but shall restore the building to its original state at the expense of the lessee when the name map of the building is made;

3. Where the lessee fails to pay the rent that comes into the second term, the lessor may terminate the lease contract and request the name map of the building;

4. Where the lease contract is terminated (the termination or termination of the contract), the lessee shall restore the building of this case to an empty space and order the lessor to restore it to the original state, and the lessor shall not recognize any premium.

(hereinafter “this case’s reconciliation clause”). 5. Where a lessee fails to pay a rent during the contract period, a lessor does not increase the rent during the contract period, guarantee an extension of one-year contract period under the same condition, and if a lessee wishes to extend the lease period thereafter, a lessee may preferentially use the rent for two years by consultation on rent in consideration of the inflation rate.

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