(영문) 서울남부지방법원 2019.04.17 2018가단217213

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.04.17 2018가단217213

손해배상(기)

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 27,00,000 and Defendant B with respect thereto from April 24, 2018.

Reasons

1. Facts of recognition;

A. On November 17, 2010, an incorporated association D (hereinafter “D”) entered into a lease agreement with D on the 11st and 19th floor of the Yangcheon-gu Seoul F building owned by D, Yangcheon-gu, Seoul, and around that time, paid KRW 2 billion out of the lease deposit KRW 10 billion.

B. On April 18, 2012, G Co., Ltd. (hereinafter “G”) succeeded to the status of lessee of the said lease contract from E Co., Ltd., and D consented thereto.

C. On September 28, 2012, G paid KRW 100 million to D, and entered into a special agreement with D on October 4, 2012 regarding the said lease agreement with D as follows:

Article 3 [Matters Agreed] ① The terms and conditions of the deposit for lease of KRW 10 billion for the initial rent shall be changed by the method of paying the monthly rent for the deposit with the interest rate of KRW 5 billion and the remaining KRW 5 billion at the rate 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 a bank dealing with credit after one year, and may be consulted and consulted at the time of additional payment of the deposit even before it.

(4) The amount and payment schedule of the lease deposit (i) the lease deposit to be additionally paid by the lessee to the lessor (or the lessee) out of five billion won of the lease deposit prescribed in Article 3(1) shall be 2.5 billion won of the deposit and the option facility 4.13 billion won of the deposit, which the lessee has paid to the lessor (or the lessee).

(ii) A lessor (or a lessee) shall set up and maintain a right to collateral a lessee’s deposit with a lessee, a lessor (or a trustee) and the maximum amount of debt (120%) until October 9, 2012, to secure the lessee’s deposit amount of KRW 5 billion. At the same time, the said right to collateral is set up and the lessee shall pay a deposit of KRW 1.5 billion to the lessor (or a lessee) at the same time, but the lease shall be paid after deducting the deposit amount of KRW 100,000,000,000,000,000,000.

(iii) rest.

유사 판례

-서울중앙지방법원 2015.10.29 2014가합53962

-서울남부지방법원 2021.01.29 2019나61531

-서울남부지방법원 2015.04.23 2014가단49009

-서울중앙지방법원 2015.12.24 2015가합531520