임대차보증금
1. Defendant B’s KRW 55,00,000 and KRW 5,000 among the Plaintiff’s KRW 5,000,000 per annum from September 25, 2015 to April 27, 2016.
1. On September 25, 2011, the Plaintiff entered into a contract with Defendant B on the lease of KRW 50 million (hereinafter “instant building”) as the deposit deposit amount of KRW 30 million (hereinafter “instant building”) and the period of October 26, 201 to October 26, 201. < Amended by Presidential Decree No. 23290, Oct. 26, 2011; Presidential Decree No. 23288, Oct. 26, 2013>
At the time, the establishment registration of the mortgage was completed over the creditor Seoul Pharmaceutical Credit Union, the debtor B, and the maximum debt amount of KRW 45,55 million on the instant building. At the time of the contract, the defendant B agreed to register the amount of the maximum debt amount of the right to collateral security at the rate of KRW 5 million on October 26, 201, which is the remainder date.
Article 7 of the lease contract provides that the other party may cancel the contract at the time of the failure of the contract, claim damages for the cancellation of the contract, and the contract deposit shall be regarded as the standard for compensation for damages unless there is a separate agreement
The Plaintiff paid the down payment of KRW 5 million and the balance of KRW 45 million.
Upon Defendant B’s request, the Plaintiff consented to the registration of reduction of the maximum debt amount of the right to collateral security at KRW 10 million, but Defendant B failed to register reduction until the remainder.
On July 24, 2015, the Plaintiff and the Defendant’s lease agreement were renewed once. On July 24, 2015, the Plaintiff notified Defendant B, by content-certified mail, that the lease will be revoked if the maximum amount of the right to collateral security is not reduced by August 7, 2015.
On August 12, 2015, Defendant B registered the right to collateral security with a maximum debt amount of KRW 26 million.
On September 24, 2015, a duplicate of the complaint of this case, including the expression of intent to cancel the lease contract due to Defendant B’s nonperformance, was served on Defendant B.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 5, the purport of the whole pleadings
2. Claim against the defendant B
A. According to the above facts, Defendant B breached the duty to reduce the maximum debt amount of the right to collateral security to KRW 10 million, and the Plaintiff lawfully rescinded the lease contract.
Accordingly, Defendant B.