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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On February 23, 2012, the Plaintiff entered into a lease contract between the Plaintiff and the Defendant (hereinafter “instant land”) with the Defendant, and the Seoul Nam-gu Incheon Metropolitan Government C large 377.8 square meters, a real estate owned by the Defendant (hereinafter “instant land”).
2) The instant case’s land and Maurel, which is a 6th floor of reinforced concrete structure and 6th floor of reinforced concrete structure, (hereinafter “instant Maurel”). The instant land and Maurel are collectively referred to as “instant real estate.”
(1) A lease agreement was concluded with respect to the lease deposit amount of KRW 500,000,000, monthly rent of KRW 9,000,000, and KRW 48 months from the date of delivery of the lease term. The main contents of the special agreement are as follows (hereinafter “instant lease agreement”).
(ii) [Matters under special agreement].
2.The down payment of KRW 60,000,000 shall be paid simultaneously with the contract, and the remainder of KRW 440,000,000 shall be substituted by the amount registered for creation of a collateral security in the name of E with respect to the instant telecom.
3. In light of the fact that the Defendant paid to the Plaintiff the interest of KRW 3,00,000 per month on KRW 5,000,000 as the lease deposit, as examined in the second half of 0.6% of the monthly amount of KRW 5,00,000,00, if it was not sent to the Plaintiff within three months (by May 30, 2012) after the lease contract of the instant case, the interest rate of KRW 6% per month as stipulated in paragraph (3) of the special terms of the real estate lease agreement submitted by the Defendant is deemed to be a clerical error of 0.6% per month.
The interest shall be paid, and at the same time as the contract is made, the registration of establishment of chonsegwon for the deposit of KRW 500,000.
Interest shall accrue from February 21, 2012.
5. If the Plaintiff does not raise funds, he shall obtain a bank loan, and shall dump the establishment of chonsegwon and make a new lease on a deposit basis after making a loan to the bank.
The defendant shall pay the legal expenses under this Act.
2. On February 27, 2012, the Plaintiff paid the Defendant a down payment of KRW 60,000,000 under the instant lease agreement, and in order to secure the payment of KRW 500,000,000 as lease deposit.