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(영문) 수원지방법원 안산지원 2018.07.06 2017가단14871

임대보증금 반환

Text

1. Upon arrival of February 28, 2019, the Defendant shall pay to the Plaintiff KRW 74,500,000 and to the Plaintiff the full payment from March 1, 2019.

Reasons

1. Basic facts

A. On December 18, 2013, the Plaintiff leased (hereinafter “instant lease agreement”) the building of the Land-Care Center C (hereinafter “instant building”) from the Defendant on a deposit basis of KRW 200,000,000, monthly rent of KRW 350,000, and the lease period from February 28, 2014 to February 28, 2019, the Plaintiff paid KRW 200,000 in sequence from December 18, 2013, the lease date to February 28, 2014, respectively.

B. On June 11, 2017, the Defendant agreed to: (a) the instant building was leased to D with a deposit of KRW 50,000,000; (b) monthly rent of KRW 3,000,000; and (c) the lease period from July 31, 2017 to July 30, 202; (b) the amount of KRW 10,000,000 out of the deposit amount; and (c) on the same day, the Defendant paid KRW 10,000,000 on June 30, 2017 and agreed to receive KRW 10,00,000 on July 31, 2017, respectively; and (d) the remainder of KRW 20,000,000 on July 31, 2018.

On the same day, the Plaintiff prepared a written business consultation with D and D to the effect that “D bears all responsibility for the operation of a child care center from July 1, 2017, and KRW 1,000,000, out of the rent of 2,000,000,000, shall be paid by the Plaintiff.”

C. On June 19, 2017, the Plaintiff and the Defendant agreed to settle the accounts with the following content:

(hereinafter “instant settlement agreement”). 1. Unscheduled rent

A. From March 2014 to February 2015, KRW 2,750,000

B. From March 2015 to May 2016, 3,500,000 won

C. From June to June 2017 to June 2017: 2,000,000 won

(d) If the new contractor deposits KRW 20,000,000 on July 31, 2018, it shall immediately pay to the lessee (Plaintiff).

2. The settlement of accounts of 1,000,000 won per person shall be made based on 43 persons (based on June 30, 2017) who have received by transferee due to increase or decrease in the number of kindergarten children due to increase or decrease in the number of kindergarten children;

3.No interest due to the arrears of monthly taxes shall be paid.

4.The above-mentioned content shall not include any other information.

On June 30, 2017, the Defendant issued a written confirmation to the Plaintiff that “Notarial act as to the settlement of accounts following the termination of a child-care center contract shall be conducted at the law office on July 31, 2017.”