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(영문) 서울중앙지방법원 2016.11.02 2016가단5168934
임대차보증금
Text

1. As to KRW 104,00,000 and KRW 100,000 among them, the Defendant shall annually pay to the Plaintiff 6% from September 6, 2016 to November 2, 2016.

Reasons

1. Facts of recognition;

A. From November 18, 2013, the Plaintiff leased the lease deposit amount of KRW 100,000,000, and the term of lease from December 27, 2013 to December 27, 2015, the lease amount of KRW 1509,000,000,000,000, of the steel framed reinforced concrete structure, 46.27 square meters of the instant officetels, and one parcel of land, other than Dong-si, in Ansan-si, (hereinafter “instant officetel”).

The Plaintiff paid KRW 100,000,000 to B around that time.

B. On March 30, 2015, the Defendant completed the registration of ownership transfer under the Defendant’s name with respect to the instant officetel, and succeeded to the lessor’s status under the instant lease agreement.

C. On December 30, 2015, the Defendant prepared and issued to the Plaintiff a written confirmation of the following contents:

(hereinafter referred to as the “instant confirmation”). On December 27, 2015, the lessor (the Co., Ltd.) paid KRW 1509,000,000,000 as the deposit amount was extended by February 19, 2016 and paid KRW 500,000 per month as the lessor did not pay the deposit amount of KRW 100,000,000.

The Plaintiff, prior to the filing of the instant lawsuit, withdrawn from the instant officetel, but did not inform the Defendant of the password of the trial device.

On September 1, 2016, the Plaintiff stated the password of the instant officetel trial device in the application for the modification of the purport of the claim and the cause of the claim, and the said application reached the Defendant on September 6, 2016.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Determination

A. According to the above facts, the Defendant seeks the Plaintiff as to KRW 104,00,000,00 as stipulated in the instant lease agreement and the instant confirmation document (i.e., KRW 100,000,000 per month from January 1, 2016 to August 2016) and the principal amount of KRW 100,000,000 per month.

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