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(영문) 서울고등법원 2017.05.16 2016나2034784
임대차보증금
Text

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

The defendant shall be 102,289,534 won and this shall apply to the plaintiff corporation A.

Reasons

1. Basic facts

A. 1) Co., Ltd. D (hereinafter “D”) in the instant case

on April 3, 2012, between the Defendant and the Defendant, the Gangnam-gu Seoul E building (hereinafter referred to as the “instant building”) owned by the Defendant is called the “instant building.”

) 3rd floor 156 square meters (hereinafter “the instant 3rd floor”).

(2) On April 3, 2012, F Co., Ltd. (hereinafter “F”) concluded a lease agreement between the Defendant and the lease deposit amounting to KRW 100 million, monthly renting KRW 7.180,00,000, monthly management fee, KRW 3.1220,000,000, and the period from May 1, 2012 to April 30, 2014; and (2) between the Defendant and the lease agreement between the Defendant on April 3, 2012, on the lease deposit amounting to KRW 156,00,000 (hereinafter “instant fourth floor”) of the fourth floor of the instant building and KRW 7.18,00,000,000,000, monthly management fee, and the period from May 1, 2012 to April 30, 2014.

3) G Co., Ltd. (hereinafter “G”).

(2) On December 26, 2012, between the Defendant and the Defendant, Nos. 101, 100 square meters (hereinafter “instant six floors”) of the six floors of the instant building (hereinafter “instant six floors”).

A) A lease agreement was concluded between 50 million won, monthly rent of KRW 4.8 million, monthly management fee of KRW 2 million, monthly management fee of KRW 2 million, and period from February 12, 2013 to February 11, 2014; D and F were integrated into D. After acquiring G, on September 10, 2013, D and the Defendant entered into a lease agreement between 20 million won, monthly rent of KRW 14.3 million, monthly management fee of KRW 624 million, and the period from May 1, 2012 to April 30, 2014; and D and the Defendant settled the lease agreement between 6th and the expiration of the lease period of this case on March 2014.

5) On April 23, 2014, D changed the name of the Plaintiff Company A, the Plaintiff Company, and the Plaintiff Company A (hereinafter “Plaintiff Company”).

B. On May 16, 2014, Between the Defendant and the Defendant, the instant 3 and 4 floors are leased KRW 200 million, monthly rent of KRW 1,1360,000, monthly management expenses, monthly management expenses of KRW 6.244,00,00, and the period from May 1, 2014 to April 30, 2015.

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