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(영문) 서울남부지방법원 2018.02.08 2017가단219991

임대차보증금

Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from May 3, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 19, 2015, the Plaintiff paid a lease agreement and a lease deposit (1) on March 19, 2015, the Plaintiff’s funeral hall located in Pyeongtaek-si C (hereinafter “building of the instant funeral hall”) from the Defendant on March 19, 2015.

(2) On the same day, the Plaintiff paid the Defendant the down payment amount of KRW 1 billion out of the lease deposit. At the same time, the Plaintiff concluded a lease agreement with the Defendant on the same day, by setting the lease deposit amount of KRW 2 billion and the lease term of KRW 10 billion.

B. On July 29, 2015, the Plaintiff and the Defendant agreed to increase the lease deposit amount to KRW 2.5 billion among the terms and conditions of the above paragraph (a) on July 29, 2015, and the Defendant agreed to set up a right to lease on a funeral home building in this case with respect to KRW 1 billion in order to secure the Plaintiff’s obligation to return the lease deposit amount to KRW 2.5 billion, and the Defendant agreed to set up a right to lease on a funeral home building in this case with respect to KRW 1.5 billion with respect to the remainder of KRW 1.5 billion (hereinafter the aforementioned lease agreement as of March 19, 2015 and the terms and conditions of the lease agreement as of July 29, 2015, collectively, are deemed to be “the instant lease agreement.”

2) Of the lease deposit, the Defendant agreed to pay KRW 450 million on behalf of the Plaintiff and substitute for the payment of the lease deposit to Nonparty E, the lessee of the instant funeral hall building.

3) Under the agreement under the above paragraph (a) as the defendant did not complete the interior and interior work performed by the defendant, the plaintiff repaid the construction cost of KRW 549,34,140 on behalf of the defendant. (4) In accordance with the agreement under the above Paragraph (1) of the same paragraph, the defendant paid the plaintiff the construction cost of KRW 549,34,140 on July 30, 2015.