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(영문) 서울서부지방법원 2019.03.20 2017가단236520
임대차보증금
Text

1. The defendant shall pay to the plaintiff KRW 5,833,00 on the 111st day of each month from February 11, 2019 to September 10, 2020.

2...

Reasons

1. Facts of recognition;

A. On September 11, 2015, E: (a) from the Plaintiff, the Eunpyeong-gu Seoul Metropolitan Government Building D (hereinafter “instant commercial building”) owned by the Plaintiff was leased with a deposit of KRW 80 million, monthly rent of KRW 500,000,000; (b) the lease period of KRW 500,000 from September 11, 2015 to September 10, 2020 (5) (hereinafter “instant previous contract”); and (c) operated the Enice Center.

B. On September 13, 2016, E established the Defendant Company, and concluded a lease contract (hereinafter “instant contract”) with the Plaintiff on October 6, 2016, changing the lessee of the instant commercial building to the Defendant Company.

The terms and conditions of the instant contract are as follows: “The monthly rent may not be adjusted for two years, and may be adjusted by mutual consultation within the statutory limit (9%) from September 11, 2015 to September 10, 2017, and thereafter, the rent shall be in the current state, from September 11, 2015 to September 10, 2017, and the monthly rent shall be increased according to mutual consultation (hereinafter “the instant special agreement”).

C. On September 5, 2017, the Plaintiff notified the Defendant of his/her monthly increase of at least KRW 2 million from September 11, 2017. Accordingly, the Defendant suggested an excessive demand of the Plaintiff to the extent of KRW 9%.

The original defendant did not reach an agreement on the rent status. D.

As of September 11, 2017, the rent rate of KRW 5,833,00 for the instant commercial building based on the deposit of KRW 80 million was KRW 5,83,00 for the monthly rent of KRW 5,83,00 for the instant commercial building; and the Defendant paid KRW 6,161,00 for the rent of KRW 6,00 for the period from September 11, 2017 to February 10, 2019 during the instant lawsuit to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is the monthly rent under the instant contract from February 11, 2019 to September 10, 2020, for which the Plaintiff seeks from February 11, 2019 to September 11, 202, which is the expiration date of the contract, in accordance with the instant special agreement.

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