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(영문) 서울고등법원 2016.03.04 2015나9402
임대료등
Text

1. Of the part concerning the counterclaim of the judgment of the court of first instance, the following amount exceeds the amount ordering payment.

Reasons

1. Basic facts

A. (1) On July 22, 2013, the Defendants concluded a lease agreement with the Plaintiffs and the Defendants, and the Defendants are the building of Yongsan-gu Seoul Metropolitan Government F Ground Building (hereinafter “instant building”) in which the Plaintiffs were under construction as detached houses.

) A school for pre-school infants (so-called a “so-called English kindergarten”).

hereinafter referred to as “private teaching institute of this case”

B) For the purpose of operation, the building of this case was leased from the Plaintiffs as the lease deposit amount of KRW 250 million, the lease term of KRW 250 million until March 1, 2019, the lease term of KRW 250 million per month for one year from the contract date, and KRW 30 million per month for the second year from the contract date (excluding value-added tax, KRW 10 million per month), and KRW 30 million per month for the second year from the contract date (hereinafter “instant lease contract”).

(2) On July 22, 2013, the Plaintiff paid KRW 25 million to the Plaintiffs as down payment. (2) The main contents of the instant lease agreement, which was made under the instant lease agreement, are as follows.

Article 2 (Lease Deposit and Rent) - Deposit of KRW 250 million - down payment of KRW 250 million - down payment of KRW 25 million shall be paid on July 22, 2013.

- The intermediate payment of KRW 150 million shall be paid on October 19, 2013.

- The balance of KRW 75 million shall be paid on January 1, 2014.

- The monthly rent of KRW 30 million (excluding value-added tax) shall be paid in advance on the first day of each month.

1. The Defendants pay the monthly rent on January 1, 2014, and the date of the rent payment shall be the first day of the lease.

2.The payment of rent shall be made in advance on the first day of each month for a year from the date of the contract and shall be paid in KRW 25 million in advance on the first day of each month and in the last month for which the first day is terminated.

3. From the second year of the contract, the terms and conditions of the monthly rent shall be paid in advance on the first day of each month in an amount of KRW 30 million (excluding value added tax).

Article 3 (Term of Lease) The Plaintiffs shall deliver the instant building to the Defendants by January 1, 2014, in such a state that they can use and benefit from the instant building for the purpose of lease, and the term of lease shall be from March 1, 2014 to March 1, 2019.

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