(영문) 서울고등법원 2017.10.12 2016나2012173

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(영문) 서울고등법원 2017.10.12 2016나2012173

임대차보증금

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

The Plaintiff, the Appointor H is KRW 10,066,371, and the Defendant (Appointed Party).

Reasons

1. Basic facts

A. The network B is a lease contract between the network B and C and the settlement 1) network B on December 10, 209 (hereinafter “C”).

(B)The site listed in the list of the books owned by the network B and the ground buildings newly constructed at the time (hereinafter collectively referred to as “instant real estate”).

(1) A lease agreement that leases B to C for a period of 60 months from December 15, 2009 to December 14, 2014 (hereinafter “instant lease agreement”) shall be extended to KRW 200,00,000, monthly rent of KRW 15,00,000 (excluding value-added tax) and the lease period of KRW 15,00 (excluding value-added tax).

C) The lease deposit amount of KRW 200,000,000 from C (hereinafter “the lease deposit of this case”).

(2) On March 3, 2010, the Seoul Eastern District Court No. 2009No725, and the name of the land and building was also drawn up a protocol of compromise prior to the filing of a lawsuit in relation to the instant lease agreement, and the main contents thereof are as follows:

1. The applicant (the deceased B) and the respondent (C) shall be the lessor with respect to the instant real estate; the term of lease shall be five years from December 15, 2009 to December 14, 2014; the lease deposit shall be KRW 200 million; the monthly rent shall be KRW 15,00,000 (excluding value-added tax), and the monthly rent shall be KRW 15,50,000 (excluding value-added tax) shall be paid in advance at the time of the completion of the building listed in the attached Table of this case; and a lease contract was concluded to be paid in advance on the 14th of each month thereafter.

6. The net B shall pay only the property tax on the building on the lease contract, and C shall pay all other expenses (such as fire insurance premiums, road usage fees, etc.).

12. C In the event that the rent as described in paragraph 1 above has been unpaid and overdue for not less than two months, upon receipt from the net B of the balance obtained by deducting it from 200,000,000 of the lease deposit, and with repayment, order the net B of the land and buildings listed in the separate sheet.

B. The delivery network B of the instant real estate is the lessee around December 2, 2010.

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