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(영문) 창원지방법원 2015.10.16 2014가단24078

보증금반환

Text

1. The Defendant’s KRW 10,207,709 as well as the Plaintiff’s annual rate from October 23, 2014 to October 16, 2015.

Reasons

1. Basic facts

A. On November 25, 2009, the Defendant: (a) entered into a business registration with the headquarters of D; and (b) entered into a franchise franchise agreement with the headquarters; (c) from December 3, 2009, the part of the first floor (hereinafter “instant commercial building”) of the land E-based building in Kimhae-si, Kimhae-si, operated the original restaurant in the said trade name.

B. On May 16, 2012, the Plaintiff entered into a lease agreement with the Defendant on the condition that the facilities in the instant commercial building and commercial building be leased KRW 50 million per month, KRW 5 million per month, and the term of the lease from May 16, 2012 to May 15, 2015. However, during the term of the lease, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff would operate the said original restaurant as his/her business registration under the name of the Defendant and pay all expenses related to the operation of the headquarters, such as expenses for goods distribution, taxes, water charges, electricity charges, and gas charges, etc. incurred during the term of the lease (hereinafter “instant lease agreement”).

C. Accordingly, on May 16, 2012, the Plaintiff paid KRW 50 million to the Defendant the lease deposit, and operated an original restaurant with the business registration under the name of the Defendant, and paid public charges, such as water charges, electricity charges, and gas charges, notified after May 16, 2012 in relation to the instant commercial buildings.

However, the Plaintiff became aware that the imposition period (use period) related to a part of the public charges paid as above falls under the period prior to the commencement date of the lease. Accordingly, the Plaintiff paid the public charges (such as electricity, gas, water supply, royalty, closure, accounting expenses, etc.) notified after the commencement date of the lease between the Defendant and the Defendant on September 11, 2012. As such, the Plaintiff paid the public charges notified until the expiration date of the lease contract in this case, and the public charges notified thereafter shall be paid by the Defendant.

On May 15, 2012, the value-added tax for the first term from January to June 2012, which is the date of commencement of lease on May 16, 2012.