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(영문) 서울중앙지방법원 2018.04.17 2017나42561
임대차보증금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The Plaintiff and the Defendant concluded a lease agreement on June 14, 2007 with respect to the building of 115 square meters and 123.11 square meters and 116 square meters of the same building in Guro-gu Seoul Metropolitan Government (hereinafter “instant building”), and concluded a lease agreement on November 19, 2012 (hereinafter “existing contract”).

The lease term of KRW 12,00,000 for monthly rent of KRW 400,00: From November 19, 2012 to November 18, 2015, the Plaintiff and the Defendant continued consultation to amend the terms and conditions of the lease agreement on the building of this case after the expiration of the lease term stipulated in the existing contract from November 19, 201 to November 18, 2015; around June 2016, the lease deposit is KRW 400,000; the lease deposit is KRW 13,00,000 for monthly rent; and the tea is KRW 13,00,000 for the first time from November 19, 2015 (hereinafter referred to as the “first agreement”).

On the other hand, upon the Plaintiff’s request that the deposit be increased by KRW 500,000,000, the Defendant, based on the appraisal price, etc. of the instant building by an appraisal corporation around July 14, 2016, decided to additionally set up a collateral security worth of KRW 600,000 with the maximum debt amount of the instant building, and concluded a contract as follows on July 21, 2016 (hereinafter “the instant secondary agreement and purport” to the extent that it does not change the said agreement and purport).

As of the division, the rent of KRW 12,00,000 for the 400,000,000,000 for the 2nd agreement as of November 18, 2012, the contract term of KRW 11,330,00 for the 12,000,000 for the 50,000,000 for the 133,000,000 for the 11,330,000 for the 2nd agreement, shall be applied retroactively from November 19, 2012 for the 19-30,000 for the 19-19-20,000 for the 2nd agreement.

In order to secure the repayment obligation of lease deposit, damages, etc., the Plaintiff continues to provide the Defendant with the first-class collateral (the amount of KRW 520,000,000) established on the instant real estate, and additionally establishes a collateral (the amount of KRW 600,000).

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