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(영문) 서울고등법원 2016.05.03 2015나17625
약정금
Text

1. Of the judgment of the first instance court, KRW 40,523,324 against the Plaintiff and its related thereto from January 16, 2014 to May 3, 2016.

Reasons

1. Basic facts

A. On July 21, 2010, the Plaintiff entered into a lease agreement with Mable Korea Co., Ltd. (hereinafter “Maable Korea”) stating that the lease deposit of KRW 100,000,000, and the lease term of KRW 100,000 from August 20, 201 to February 19, 201, the monthly rent of KRW 130,000,000 ( separate value-added tax) was to be paid in advance from Mable Korea by September 10, 201 (hereinafter “instant lease agreement”).

At that time, the Defendant jointly and severally guaranteed the obligation of Mable Korea to the Plaintiff under the instant lease agreement.

B. Bable Korea paid to the Plaintiff KRW 100,000,000 as lease deposit, and received the object of the instant lease, but did not pay that amount for six months as agreed to pay by September 10, 2010.

C. Accordingly, on April 22, 2011, the Plaintiff filed a lawsuit against Mable Korea for a claim for the delivery of buildings (Seoul Central District Court 2010Da101610). On April 22, 2011, the above court rendered a judgment that “The lease contract of this case has expired on February 19, 201, Mable Korea shall deliver the leased object of this case to the Plaintiff, and ② KRW 758,00,000,000 (the sum of rent for six months (130,000,000,000) x 6 months less the deposit amount of KRW 100,000,000,000 from September 11, 2010 to April 21, 2011; and the judgment that paid the amount equivalent to KRW 30,000,0000,0000 from September 23, 2011 to April 21, 2013.

(hereinafter referred to as the “instant final judgment”) D.

Then, Mable Korea shall be the Plaintiff on May 25, 201.

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