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(영문) 서울고등법원 2019.02.20 2018나2037534
보증금반환
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 150,000,000 and KRW 110,00,000 among them.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment is as follows: ① “The date of completion of construction for extension” of the 3th 14th eth eth 14th eth eth eth 14th eth son eth eth eth son eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth).

2. The modified part;

A. The Plaintiff paid a total of KRW 200 million to the Defendant as the downpayment and intermediate payment of the lease deposit, and the Defendant is obligated to pay the Plaintiff the said KRW 200 million to the original state. (B) First of all, the Plaintiff’s obligation to pay the said rent to the Defendant on December 2, 2016 and January 6, 2017, which was paid by the Plaintiff to the Defendant, was already incurred before February 6, 2017, and the Plaintiff’s obligation to pay the said rent was incurred regardless of the Defendant’s obligation under the instant lease agreement (the construction of a building by the end of February 2017) under the instant lease agreement (the Plaintiff’s obligation to deliver and use the leased object after transferring it to the Plaintiff).

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