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(영문) 서울중앙지방법원 2017.09.13 2017가단5017026

사용료 반환

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1. The Defendant’s KRW 48,764,920 for the Plaintiff and KRW 5% per annum from October 11, 2016 to January 31, 2017.

Reasons

1. Basic facts

A. On December 10, 2014, the Plaintiff entered into a lease agreement with respect to the fourth floor of the Mapo-gu Seoul Metropolitan Building, 314.05 square meters (hereinafter “instant real estate”) owned by B, setting the lease deposit amount of KRW 50 million, rent of KRW 4 million per month (in addition to value-added tax, the last day of each month), general management expenses of KRW 350,000 (excluding value-added tax, exclusive electricity charges, and water charges), term of lease from December 10, 2014 to December 9, 2016.

B. On January 12, 2016, the Plaintiff entered into a life insurance agency contract with the Defendant that the Plaintiff entrusts the Defendant with the solicitation, management, etc. of life insurance, and that the Defendant is entrusted with the business, and the Defendant is obligated to bear all the expenses of the agency’s operation in principle. However, the Plaintiff agreed to subsidize part of the agency’s expenses if deemed necessary for the early settlement and smooth operation of the agency.

(hereinafter “instant agency contract”). (c)

On the other hand, on December 9, 2015, before entering into the said agency contract with the Plaintiff, the Defendant submitted to the Plaintiff a written request for support of the office with the following contents:

(hereinafter referred to as “instant request”). A written request for support from an office (lease of an office)

1. Details of request: The real estate of this case;

2. Confirmation of Defendant’s responsibility;

A. The Defendant would refund the full amount of the office opportunity cost (user fee) from the fourth month of the office occupancy in accordance with the Plaintiff’s standard for payment of the fees. ② The Defendant would refund the office opportunity cost (user fee) for the unpaid period (one to three months) according to the Plaintiff’s fee payment standard when returning the office within one year as of the month of moving into the office, and offer it when the Plaintiff demanded adequate security, such as performance guarantee insurance, etc. to secure this. ④ The Defendant would faithfully perform the obligation to restore the office upon consultation with the lessor. ⑤