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(영문) 대구고등법원 2018.06.22 2017나24152
임대차보증금
Text

1. Of the judgment of the first instance, the part against the defendant exceeding the cited portion of the plaintiff's claim is revoked, and above.

Reasons

1. Basic facts

A. From May 201, the Defendant, from Jeju City, operated “F” (hereinafter “instant park”), which is theme park that exhibits and sells the kitchen equipment at Jeju City D.

B. On July 20, 2015, the Defendant entered into a contract with C (hereinafter “C”) under which the Defendant leases KRW 1 billion (300 million in the lease deposit (hereinafter “instant contract”) from August 1, 2015 to July 31, 2018, the remainder of the land and the part on the ground, excluding the two floors and the part on the store store sales stores of the instant park, from August 1, 2015 to July 31, 2018 (i.e., the contract amounting to KRW 300 million until September 30, 2015; and (ii) the remainder of KRW 400 million until July 30, 2016.

Pursuant to the instant contract, C paid 300 million won down payment to the Defendant on July 20, 2015.

C. On September 30, 2015, the Plaintiff (the former trade name was L, but the trade name was changed as of October 5, 2015) agreed with the Defendant and C to succeed to the status of C under the instant contract, and paid an intermediate payment of KRW 300 million to the Defendant.

The main contents of the instant contract are as follows.

Article 4 (Rent) (1) The monthly rent shall be determined as follows for the entire leased articles, and the “B” (hereinafter referred to as the “Plaintiff”) shall be settled in advance at the end of the preceding month as of the end of the preceding month, and shall be paid to “A” (hereinafter referred to as the “Defendant”) on the last day of the preceding month (in case of legal holidays, by the following day):

The rent shall be increased by 5% per year.

If the Plaintiff fails to pay the rent to the Defendant by the date specified in the preceding paragraph, the additional tax shall be paid in addition to an administrative fine of KRW 50 million per month from August 1, 2015 to July 31, 2016; KRW 50 million from August 1, 2016 to July 31, 2017; KRW 52.5 million each month from July 31, 2017; KRW 55 million from August 1, 2017 to July 31, 2018; and KRW 20% of the amount of the monthly rent in arrears if the Plaintiff delays the payment of rent on three or more occasions, the lease contract may be terminated immediately without the Defendant’s peremptory notice; and as a result, (a) the additional tax shall be paid.

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