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(영문) 서울남부지방법원 2021.01.29 2019나61531
손해배상(기)
Text

1. The defendants' plaque that ordered payment to the plaintiff in excess of the amount ordered under the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On November 17, 2010, an incorporated association D (hereinafter “D”) entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 10 billion and the lease term of KRW 10 billion with respect to the F. 11 to 19 floors of the 19th, Yangcheon-gu Seoul Special Metropolitan City (hereinafter “instant building”) owned by E and D (hereinafter “instant building”).

B. On April 18, 2012, G Co., Ltd. (hereinafter “G”) succeeded to the lessee status of the instant lease agreement from E Co., Ltd., and D consented thereto, and issued the consent to sublease of the instant building to G.

(c)

Of the lease deposit amount of KRW 10 billion under the instant lease agreement, KRW 2 billion was paid on the date of conclusion of the contract, and the remaining deposit amount of KRW 8 billion was paid on the date of commencement of the lease (the date of completion of the building of this case). However, E, a corporation, even if the use of the building of this case was approved on November 10, 201, did not pay it to D.

(d)

G shall pay KRW 100 million to D on September 28, 2012, and Article 3 of D and October 4, 2012 [Matters agreed] as follows: (a) the terms and conditions of the lease deposit of KRW 10 billion before the beginning of the year are changed by the method of paying the deposit amount of KRW 5 billion per annum; and (b) the remaining KRW 5 billion by the method of paying the monthly rent of the deposit amount of KRW 8% per annum, and shall be paid on the 25th of each month.

Provided, That the interest rate shall be reflected in the interest rate of the bank dealing with the credit after one year, but consultation may be adjusted at the time of additional payment of the deposit even before it.

(3) The amount required to be KRW 1 billion, such as about three months of delay in completion of the part claimed in G damage, penalty for breach of contract, advertising expenses, personnel expenses, defect repair expenses, damaged portion (such as payment of director's expenses, interior replacement parts, etc.), and the part of loan installation works, shall be determined and handled by consultation by the end of October 2012 after consultation with each other on October 15, 2012.

(4) The amount of a deposit for lease and payment schedule (i) the lessee shall be additionally paid to the lessor (or the lessee or the trustee) among five billion won of the deposit for lease prescribed in Article 3(1).

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