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(영문) 서울중앙지방법원 2015.07.09 2014가단226084

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around April 1, 2011, the Plaintiff entered into an insurance contract for performance (payment) guarantee with the Defendant with the following content:

(hereinafter referred to as “instant guarantee insurance contract”). - The amount of insurance coverage: 20,000,000 won: the insurance period: from April 1, 2011 to March 31, 2013: the Korea Workers’ Compensation and Welfare Service (Korea Workers’ Compensation and Welfare Service Vice Governor) - The Plaintiff for the repayment of lease deposit: The Plaintiff for the repayment of lease deposit shall lease the lease deposit amount of KRW 20,000,000 to the Korea Workers’ Compensation and Welfare Service (hereinafter “instant store”); the Korea Workers’ Compensation and Welfare Service concluded a lease agreement to entrust the use of the instant store and beneficial interest to C (hereinafter “instant lease agreement”); the main contents are as follows.

Article 1 (Lease Period) (1) The term of this contract shall be from April 8, 2011 to April 7, 2013.

(2) Even when the term of a lease contract expires, the lease relationship between A and B (referring to the plaintiff; hereinafter the same shall apply) shall continue until the lease deposit and the agreed security deposit (referring toC; hereinafter the same shall apply) of B (referring to the Korea Workers' Welfare Corporation; hereinafter the same shall apply) are returned.

Article 3 (Return of Lease Deposit and Order of Building) (1) "A" shall return the object at the time of expiration of the contract period to "B" at the same time as the object is ordered from "B" and at the time of expiration of the contract period.

Article 4 (Monthly Taxation and Management Expenses) (1) “A” shall directly bear the obligation to pay monthly rent, management expenses, etc. to “A” in addition to the deposit provided by “B,” and “A” may only apply to “A”.

The agreement on this shall be prescribed by the agreement on separate monthly rent, etc. between "A" and "A".

(2) Where "A" intends to offset the monthly rent, management expenses, etc. to be borne by "A" for at least three months by a security deposit, it shall be in accordance with a separate agreement with "A".