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(영문) 서울북부지방법원 2015.06.11 2014가합5689

보증금반환

Text

1. The defendant shall pay 22,772,080 won to the plaintiff.

2. 9/10 of the costs of lawsuit shall be the Plaintiff, and the remainder shall be the Defendant.

Reasons

1. Basic facts

A. 1) On September 12, 1994, the Plaintiff stated “F” in the Dobong-gu Seoul Metropolitan Government C lease agreement from the Defendant, but appears to be a clerical error in “C”. The Plaintiff determined the lease deposit amount of KRW 150,000,000, monthly rent of KRW 2,700,000, and the lease term of November 30, 1994 to November 30, 1996 (hereinafter “instant lease agreement”).

(2) On December 12, 1994, the Plaintiff and the Defendant agreed to increase the rent of KRW 3,000,000,000 each month after one year from the date of the conclusion of the instant lease agreement. (3) On December 12, 1994, the Plaintiff paid KRW 110,000,000 to the Defendant out of the above lease deposit of KRW 150,000,000, and the remainder of KRW 40,000 to the time of repayment was borrowed from the Defendant by paying interest of KRW 2% per month.

B. After the conclusion of the instant lease agreement, the Plaintiff operated a lodging business on the main office and a debt-backed building, and had impliedly renewed the instant lease agreement with the Defendant at the time when the lease term expires.

C. Since March 2004, the Plaintiff, at the Defendant’s request, transferred to the Defendant the D Inn At the request of the Defendant the two buildings of the D inn At the request of the Defendant, and thereafter, the Plaintiff is operating the accommodation business in the D inn at the main building of the D inn at the present time.

On February 21, 2014, the Defendant notified the Plaintiff of the termination of the instant lease agreement on the ground that the instant lease agreement was terminated on at least two occasions, and the said termination notice reached the Plaintiff on February 24, 2014.

E. The Plaintiff filed an application for provisional attachment as Seoul Northern District Court 2014Kadan2607 with respect to the subject matter of the lease of this case with the claim for the refund of the lease deposit of this case as the claim, and received the provisional attachment decision on May 29, 2014 (hereinafter “provisional attachment related case”).

F. On May 27, 2014, the Defendant sold to G and H, which is the object of the lease of the instant lease agreement, and completed the registration of ownership transfer on June 10, 2014.