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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. The Plaintiff is a housing rental business entity that newly constructs a “D apartment” which is a private rental house with a scale of 600, Yongsan-gu Seoul Metropolitan Government C, and engages in rental business.
B. On February 2009, the Defendant decided to rent D Apartment 111, 301, 111 (hereinafter “instant apartment”) newly constructed at the time from the Plaintiff as KRW 2,515,10,00, monthly rent of KRW 4,282,00, and instead of paying monthly rent by converting the rent into the monthly rent on February 21, 201, the Defendant entered into a lease agreement with the Plaintiff to increase the lease deposit at KRW 2,943,30,000, and the remainder is to comply with the previous lease agreement (hereinafter “instant lease agreement”). At that time, the Plaintiff paid all the lease deposit under the said lease agreement to the Plaintiff, and received the instant apartment from the Plaintiff.
C. The instant lease agreement includes the following contents, and the “financial institution with the highest share in the lending market” in the latter part of Article 3 is a national bank, and the minimum overdue rate under the loan transaction agreement of the national bank / [In arrears] in Article 3 / [The “B (a lessee Defendant; hereinafter the same shall apply] shall pay the deposit for lease referred to in Article 1 to “A” (a lessee Plaintiff; hereinafter the same shall apply) without interest on the deposit for lease referred to in Article 1. If the payment is not made by the date of the payment agreement under Article 1(2), a financial institution under the Banking Act shall pay the overdue charge calculated by applying the minimum overdue rate for the general loan loan of the financial
Article 7 (Change in Terms and Conditions of Lease, etc.) (1) "A" and "B" may adjust the rental deposit, rent, management fee, user fee or payment for installments in any of the following cases:
Provided, That it shall be from rental deposit.