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(영문) 서울서부지방법원 2019.04.12 2018가단215384

임대차보증금

Text

1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from February 25, 2018 to June 11, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. On January 2008, C leased the entire first floor of the underground floor (hereinafter “instant real estate”) among the buildings owned by the Defendant, and operated a singing practice room (hereinafter “instant singing practice room”). However, on May 10, 201, the Plaintiff transferred the instant singing practice room to F around March 25, 201, while operating the instant singing practice room by transfer from C. < Amended by Act No. 10594, May 10, 2011; Act No. 13183, Mar. 25

B. On February 25, 2016, the Plaintiff entered into a commercial license sales agreement with F to acquire the instant singing in KRW 72,000,000 for premium. On the other hand, the Plaintiff entered into a lease agreement with the Defendant to lease the instant real estate with the lease deposit of KRW 30,000,000,000 for rent of KRW 1.65,000 for the following month (after February 25, 2016), and the period from February 25, 2016 to February 24, 2018 (hereinafter “instant lease agreement”).

C. 1) The Plaintiff is a corporation G Co., Ltd. (hereinafter “G”) on July 6, 2017 during the term of lease.

2) The premium agreement on the premium (hereinafter “the premium agreement on the premium”) with H to transfer the instant singing room in KRW 30 million with H as a broker (hereinafter “the premium agreement on the premium”).

(2) On July 19, 2017, the Plaintiff agreed to cancel the instant premium contract with H, and returned the down payment of KRW 3 million to H, and the contract deposit was paid KRW 3 million from H. Accordingly, the Plaintiff paid KRW 1.5 million among the agreed fee of KRW 3 million (including value-added tax) to G. (2) The Plaintiff returned the instant premium contract to H on July 19, 2017. The cancellation agreement states that “The instant premium contract cannot be performed due to water leakage of the instant real estate.”

In addition, the Plaintiff prepared a written agreement between G and G on the same day stating that “the instant premium contract is terminated due to a cause attributable to the Plaintiff, the Plaintiff shall pay KRW 7,50,000 to G by reducing the fee from KRW 3,080 to KRW 8,30,000,000, which the Plaintiff shall pay to G (=2,50,000 won - 1,500,000 won).

The plaintiff on 2018.