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(영문) 수원지방법원 2020.02.05 2019나56548
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff and the Plaintiff’s mother-friendly G concluded a contract with the Defendant on June 1, 2013 for the lease term of the 6th and 7th floor of the building E-dong (hereinafter “instant building”) located in Ansan-si Group C and H, and the 6th and 7th floor of the instant building from June 1, 2013; the 7th floor from November 1, 2013 to October 31, 2017, respectively; the 180 million won for the deposit; the monthly rent of the 19 million won for the instant building (Additional tax; hereinafter the same shall apply). The sixth floor of the instant building was determined as the deposit amount of KRW 10 million, monthly rent of KRW 15 million, and KRW 7 million for the instant building as the deposit amount of KRW 400,000,000 for the instant building.

(hereinafter “original contract of this case”). (b)

The Plaintiff, a lessor, shall pay taxes and public charges during the term of the lease, and if the Defendant pays the amount on a deposit basis, the Defendant agreed to deduct the amount from the rent at will.

C. On June 1, 2015, during the term of the instant prime contract, the sales of the 7th floor of the instant building was conducted, and at the Plaintiff’s request, the Plaintiff and the Defendant concluded a lease agreement with respect to the 6th floor of the instant building based on the instant prime contract, with the term of lease from June 1, 2015 to October 31, 2017, the deposit amount is KRW 10 million; the monthly rent is KRW 15 million to KRW 7 million; and the lease agreement was concluded from June 1, 2015 to KRW 7,750,000.

(hereinafter “instant primary change contract”). D.

On December 1, 2015, the Plaintiff and the Defendant concluded a lease agreement with the following terms: (a) the deposit is KRW 150 million; (b) the monthly lease is KRW 7.25 million; and (c) the lease period is from December 1, 2015 to October 31, 2017; and (b) the re-transfer of the lease agreement was concluded.

(hereinafter “instant secondary modification contract”). The Defendant paid the deposit as stipulated in the instant secondary modification contract.

E. The Defendant filed a claim for the renewal of the lease contract at the time of the termination of the lease term stipulated in the instant secondary modification contract.

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