보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 26, 2014, the Defendant entered into a lease agreement (hereinafter “instant first lease agreement”) between the Plaintiff and the Plaintiff on the lease deposit of KRW 35 million and KRW 3250,000,000 per month (excluding value-added tax) of D Building E located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant store”).
B. On November 18, 2014, the Plaintiff entered into a contract with F’s mother G and the instant store to transfer the right of beauty art business in the said store to G for KRW 100 million (hereinafter “instant transfer contract”). The main contents are as follows.
D. Cash storage certificate 100,000,000 (100,000 won): real estate: H deposit money in Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government C shall be included in KRW 35 million.
1. The above KRW 100,000,000 (one billion) is the purchase price of the above immovables.
The above amount shall be borrowed by G from A.
2. The repayment of the above KRW 100,000,000 (one hundred million) shall be made on May 17, 2015, and the remainder of KRW 50,000,000 (one million) shall be made on November 17, 2015, and G shall be made on November 17, 2015.
3. Since November 18, 2014, G shall calculate the chain expenses, monthly rent, and management expenses of beauty art rooms.
(b) Transboundary; and (c)
8. Since November 19, 2014, all rights to the above real estate will be acquired by GIST.
C. Around that time, F (or G) F and G are women in the Defendant’s capacity as the Defendant’s agent, and F operated H at the instant store, and G concluded multiple contracts on behalf of the principal or F in relation to the said store, and hereinafter the above two are not distinguished, but indicated as “F (or G).”
As to the instant store, the instant lease contract was concluded between B and B, setting the rental deposit amounting to KRW 35 million, KRW 3250,000 per month (excluding value-added tax), and the lease period from November 10, 2014 to November 9, 2016 (hereinafter “instant secondary lease contract”). The F is the trade name “H” at the said store from that time.