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(영문) 서울고등법원 2015.05.01 2014나2046264
임대차보증금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 97,000,000 as well as to the plaintiff on February 1, 2015.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1-1-3, Gap evidence 2-2, Gap evidence 3-1-2, Gap evidence 4-1, 2-5, Gap evidence 6-1 through 5, Gap evidence 9, Gap evidence 10, 13, Gap evidence 14-1, 2-2, and the whole purport of the pleadings.

1) On October 16, 1998, the Plaintiff is a building listed in the separate sheet owned by the Defendant (hereinafter “instant building”).

(2) On November 16, 1998, the Plaintiff leased the 7th floor of the instant building owned by the Defendant (hereinafter “instant housing”) from the 3 to the 6th floor by setting the lease deposit amount of KRW 450 million, monthly rent of KRW 1 million, and from January 15, 1999 to January 14, 2002, and paid the Defendant the above lease deposit amount of KRW 450 million. 2) On November 16, 1998, the Plaintiff leased the 7th floor of the instant building owned by the Defendant (hereinafter “instant housing”) from the lease deposit amount of KRW 110 million,00,000,000 and the term of lease from January 15, 199 to January 14, 2002.

B. On January 18, 199, the Defendant completed the registration of the establishment of chonsegwon with a deposit amount of KRW 560 million from January 15, 1999 to January 15, 2002 in order to secure the Plaintiff’s obligation to return the deposit money for lease under each of the above lease agreements.

C. (1) On December 31, 2001, the Plaintiff increased the deposit for lease of the instant house by KRW 80 million upon the Defendant’s request. (2) On January 1, 2013, the Plaintiff additionally increased the deposit for lease from the Defendant to KRW 100 million, and the lease period from KRW 3 to KRW 7 of the instant building from January 1, 2013 to December 31, 2014 to KRW 20 million.

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