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Reasons
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(영문) 서울고등법원 2016.11.23 2015나25831
임대료등
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1. Of the parts concerning the counterclaim against the judgment of the court of first instance, order the payment in excess of the amount ordering the payment below.

Reasons

1. Basic facts

A. On February 28, 2004, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant with the Defendant’s type C, with the terms that the Plaintiff leases the lease deposit amount of KRW 200,000,000, the lease deposit amount of KRW 4,000,000, and the lease period of KRW 4,00,000,00 from March 15, 2004 to March 15, 2006 (hereinafter “the first lease agreement”).

Shed the Defendant paid the deposit to the Plaintiff, followed the internal interior interior interior interior interior interior interior construction, and operated a restaurant of “E” in the instant commercial building, and the Plaintiff and the Defendant renewed the lease contract several times after concluding the initial lease contract, and increased the amount of the deposit to KRW 300,000,000.

B. (i) The Plaintiff and the Defendant renewed the lease agreement on March 31, 2012, and the Defendant renewed the lease agreement and set the lease deposit amount of KRW 300,00,000, monthly rent of KRW 7,000, monthly rent of KRW 700,000, and the lease term from April 1, 2012 to March 31, 2013.

(2) The Plaintiff and the Defendant agreed to attach specific terms and conditions of lease to the instant lease agreement, and attached “attached Form” and “design” to the instant lease agreement. The contents related to the instant case in the “attached Form” attached to the instant lease agreement are as follows, and the instant lease agreement shall be restored to its original state as it is on August 1, 200.

(Attachment) 9. Water other than the drawings shall be replaced by a property damage.

10. In principle, evictions shall be made when there are repairs other than drawings.

13. In principle, a store shall be restored to its original state and transferred at the time of transferring it;

The term “the drawings” attached is as shown in the attached drawings.

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