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(영문) 의정부지방법원 2017.08.17 2016가단107202

보증금반환

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1. Defendant (Counterclaim Defendant): (a) KRW 46,400,000 to the Plaintiff (Counterclaim Plaintiff); and (b) from May 5, 2016 to August 17, 2017.

Reasons

Basic Facts

On November 2, 2009, the Defendant purchased child-care center facilities and operation rights and D Apartment 103 104 dong 103 dong 104 (hereinafter “instant apartment”) from C on November 2, 2009, and operated the home-care center under the name of “E child-care center” within the instant apartment after that time.

On March 5, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the instant apartment from the Defendant with a deposit for lease of KRW 50 million, monthly rent of KRW 1.2 million, and the lease period from April 1, 2014 to March 31, 2016 (hereinafter referred to as the “instant lease agreement”). On the same day, between the Defendant and the Defendant, the Plaintiff and the Defendant: (a) provided the Defendant with a right amount of KRW 65 million; (b) provided the Defendant with a right amount of KRW 65 million; (c) the Defendant removed all the obstacles to the exercise of the right to operate the childcare center; (d) confirmed that the number of the child care center students was equipped with facilities suitable for the authorization; and (e) did not cooperate with the change of the name of the childcare center, the Plaintiff may claim damages; and (e) the Defendant did not perform any act that does not interfere with the establishment of the same type of business, operation of the childcare center, and (e) transfer or acquisition of the right (hereinafter referred to the instant agreement”).

The Plaintiff paid KRW 115 million to the Defendant around March 31, 2014, and operated a childcare center as the head of a childcare center, which was the head of the instant apartment on April 5, 2016. On the other hand, on April 7, 2016, the Plaintiff sent the key of the instant apartment to the guard room. On April 7, 2016, the Plaintiff notified the Defendant of the fact that “As the instant lease contract was terminated on April 1, 2016, the Plaintiff returned KRW 15 million to return the lease deposit (right) and left the apartment of this case.”

The Plaintiff’s child abuse occurs between March 2014 and December 2014 in the apartment of this case from the Namyang market around April 2016.