(영문) 서울고등법원 2017.09.20 2016나209988

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(영문) 서울고등법원 2017.09.20 2016나209988

위약벌 등

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1.The judgment of the first instance shall be modified as follows:

The defendant, among the plaintiff, KRW 1,591,318,867 and KRW 1,048,669.

Reasons

1. Basic facts

A. On November 17, 2010, the Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter “C”) with the 11st to 19th (19th (19th) of the real estate listed in the attached Table 1, which is owned by the Plaintiff, to lease the lease deposit amount of KRW 10 billion and the lease term of KRW 10 billion from the completion date of the D building (2nd (10th) to C (hereinafter “instant lease agreement”). around that time, C paid KRW 2 billion out of the lease deposit to the Plaintiff, and the lease period of Article 2 [use, lease period, etc.] (hereinafter “lease commencement date”).

A lessor may notify the lessee of the renewal in writing at least one year prior to the expiration of the term of the lease, and shall notify the lessee of the renewal within one month after receipt of the confirmation document.

Article 3 (Lease Deposit) (1) The lessee shall pay in cash the amount of KRW 2 billion on the date when this contract is concluded as the lease deposit, and the amount of KRW 8 billion on the commencement date of the lease to the deposit account opened in the name of the lessee (A Trust Co., Ltd.).

In addition, the lessee shall pay the lessor the additional lease deposit determined by mutual consultation after reflecting the inflation rate within the statutory limit every two years from the contract date.

Where the parties fail to reach an agreement on the increase of lease deposit, the actual inflation rate (referring to the increase rate based on the consumer price index publicly notified on the monthly report of survey statistics published by the Bank of Korea, and if the consumer price index is not publicly notified any more in the present method, it shall be replaced by another index agreed between the parties to this contract; hereinafter the same shall apply) for the immediately preceding year shall apply.

(2) The lessee shall be the lessor pursuant to the provisions of Section (1) of this Article with the lease deposit.

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