(영문) 부산지방법원 2018.11.29 2018가단7852

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(영문) 부산지방법원 2018.11.29 2018가단7852

보증채무금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the claim and its judgment

A. Around June 13, 2011, the gist of the claim (1) and the Defendants (Lessees) concluded a lease agreement with the following terms:

- Lease Object: Busan Jin-gu E-ground Building (hereinafter “the instant building”) in Busan Special Metropolitan City (the size of the 1st to the 10th above ground, hereinafter “the 10th above”) - Deposit: one billion won; - Monthly rent: 2,3250,000 won (including value-added tax): Lease Period (60 months): from July 15, 201 to July 14, 2016; 10% of the rent at the time of the said Lease; and the Defendant agreed to increase the rent by 10% after the lapse of 3 years from the lease date.

(3) Accordingly, the Defendants, from July 15, 2014 to the Plaintiff, additionally paid KRW 2,325,00 which was raised by 10% from the above rent, but did not pay the increased rent until the termination of the above lease agreement. Accordingly, the Defendants seek the amount equivalent to the claim amount against the Defendants.

B. In determining the above lease agreement, the purport of the agreement that “to increase the monthly rent by 10% per three years depending on the increase in water prices,” is either a dispute between the parties or acknowledged according to the evidence No. 1.

However, following circumstances: (a) evidence Nos. 2 through 4 and evidence Nos. 1 and 2 as well as the overall purport of the pleadings are either recognized or known; (b) the Plaintiff sent a certificate of content demanding that the Defendants be increased to the Defendant on August 2014; (c) the Defendant sent to the Plaintiff a certificate of content demanding withdrawal or inventory of the rent, etc. on or around September 2014; (d) the Plaintiff received the difference from the previous amount and method without any different proposal; and (e) returned the deposit without any other issue even after the lease is terminated, it is reasonable to view that the Plaintiff maintained the previous rent in its entirety upon the request of the Defendants.

2. Conclusion Plaintiff

유사 판례

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