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(영문) 서울고등법원 2021.01.12 2020나2028397
보증채무금
Text

The judgment of the first instance shall be modified as follows:

A. The Defendant: (a) KRW 450,000,000 for the Plaintiff; and (b) March 23, 2019 for the Plaintiff.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for dismissal or addition as set forth in the following 2, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Subsequent to “(the calculation details of the Plaintiff’s assertion are the same as the description in the Plaintiff’s claim calculation table)” of the 10th 5th 10th eth eth eth eth eth eth eth eth 5th eth eth eth eth eth 10.

During the 12th trial of the 9th instance judgment, “An excessive amount....” through “an excessive amount.... it shall be reduced to KRW 450,000,000.”

“Aro-friendly”.

The 10th judgment of the first instance court is in accordance with the following subparagraphs.

As of December 3, 2018, the amount calculated by deducting KRW 378,987,671 from the unpaid rent and late payment charge (15% per annum) accrued after the agreement in this case as of December 3, 2018, which is the date of the foregoing name, shall be as shown in attached Table 2; 378,987,671, as of December 3, 2018, the amount of damages calculated by deducting KRW 800,000,000 from the estimated amount of compensation for the above damage (the plaintiff shall be calculated by calculating the late payment charge as of June 12, 2020, on the premise that the scheduled date of payment, as shown in attached Table 1, did not fully repay the rent after May 1, 2018, by calculating the late payment charge as of June 12, 202.

However, the overdue rent, etc. is naturally deducted from the rent deposit without a separate declaration when the target water is returned after the termination of the lease relationship (see Supreme Court Decision 2016Da218874, Mar. 22, 2017; 2016Da218874, Dec. 3, 2018; 200, out of the total unpaid rent up to July 1, 2018 and the rent up to August 1, 2018, 12,00,000, which is the date on which the object of the lease is returned, should be calculated on the premise that the lease deposit was fully repaid from the deposit amount of KRW 30,000,000 on December 3, 2018). The first instance judgment (see, e.g., Supreme Court Decision 2010Da1010, Dec. 1, 2018).

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