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(영문) 부산고등법원 2017.03.23 2016나54049

임료 등

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. On October 29, 2014, the Plaintiff entered into a lease agreement with the Defendants on October 29, 2014 (hereinafter “instant real estate”). The Plaintiff is a building 9,10 stories 4,211.03 square meters (hereinafter “instant real estate”).

(1) When leasing a deposit, ① the lease period from October 20, 2014 to October 19, 2019; ② the deposit amount of KRW 250 million shall be set at KRW 200 million on the date of the contract; the remainder of KRW 90 million shall be paid on November 20, 2014; and the remainder of KRW 100 million on November 20, 2015 shall be paid at KRW 50 million on November 20, 2015; ③ the monthly rent shall be paid on November 20, 2016; ③ the monthly rent shall be paid in advance on the first day of each month; and the lease contract shall be paid in the amount of KRW 275 million on the three-year basis; and the lease contract shall be paid in the amount of KRW 300,500 on the three-year basis; and

(2) The Defendants paid to the Plaintiff KRW 100,000,000,000,000 as the instant lease contract deposit amounting to KRW 250,000,000, and drafted a protocol of protocol prior to filing a lawsuit with the Busan District Court Branch Branch Branch Decision 2015No40.

3) At the time of the instant lease agreement, the Plaintiff and the Defendants terminated the contract without any peremptory notice when the Defendants did not pay the security deposit or did not pay the monthly rent more than twice (Article 4 of the Evidence A), and when the lease agreement is terminated, the Defendants restore the instant real estate to their original state and return it to the Plaintiff. ③ In the event that the Defendants did not pay the security deposit and monthly rent by the due date, the Defendants agreed to pay to the Plaintiff the overdue charge calculated at the rate of 18% per annum of the pertinent amount scheduled to be paid for the number of overdue days (Article 8 of the Special Agreement on the Certificate of Evidence A). (B) The Defendants delayed the Plaintiff from December 2014 to December 201 that the amount of the instant lease agreement was more than two months, including the payment of the monthly rent and unpaid payment.

2. On July 21, 2015, the Plaintiff from February 2015 to February 2015.