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(영문) 서울중앙지방법원 2017.06.14 2016나76444
보증채무금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On August 16, 201, the Plaintiff entered into a contract with the Defendant to lease part of 50 square meters (hereinafter “instant building”) of the land on the third floor, other than Seocho-gu Seoul Metropolitan Government, and the third floor, owned by the Defendant, as KRW 5,00,000, monthly rent of KRW 500,000, monthly rent of KRW 30,000, monthly management expenses, and the period from October 12, 201 to October 11, 2013 (hereinafter “instant lease contract”). Accordingly, the Plaintiff received delivery of the instant building on October 12, 201 from the Defendant by paying the lease deposit of KRW 5,00,000,00 to the Defendant (hereinafter “instant lease contract”).

B. Of the instant lease agreement, the contents pertaining to this case are as follows.

2.Article 1 of the Terms and Conditions of the Contract / [Purpose] The lessor and the lessee will pay by agreement the lease deposit and the rent as follows:

Deposit KRW 5,000,000 (Won 5,000,000) The down payment shall be paid at the time of the contract and the balance of the receipt shall be paid on October 12, 201.

The rent shall be paid in the 12th of each month in the amount of KRW 000,000.

Article 2 [Duration] A lessor shall deliver the said real estate to the lessee by October 12, 201 in a condition that it can be used for the purpose of the lease, and the lease period shall be 24 months from the date of delivery until October 11, 2013.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

Matters of special agreement

1. Contract of the present state of the facility (any air condition);

2. The balance date may be advanced in consultation with the present lessee; and

3. The management expenses are thirty thousand won.

The instant lease agreement was implicitly renewed, and the Plaintiff agreed with the Defendant to increase the rent by 10% from March 2014, and the Plaintiff is the monthly rent from around that time.

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