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(영문) 서울북부지방법원 2015.06.04 2013가단101972

임대차보증금반환

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1. Defendant B shall pay 25 million won to the Plaintiff and 20% per annum from December 20, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. Defendant B changed its trade name to “Feart clubs” after the EN clubs were underground in Seoul Special Metropolitan City, Nowon-gu.

(2) The Plaintiff and the Plaintiff are the stores located in the instant club (hereinafter referred to as “instant stores”) under the name of G registered as the business entity of the lower club around January 2000 in the name of G, which was registered as the business entity of the lower club.

(2) On January 31, 200, the lease contract was concluded between January 31, 200 to December 12, 200 and KRW 20 million. (2) At the time, the business owner of the above age club was changed to Defendant C around October 2001, but Defendant C increased the lease deposit amount to KRW 30 million between the Plaintiff and the Plaintiff on June 20, 2002, and concluded a contract for the lease of this case with the Plaintiff on June 31, 200 to KRW 30,000,000, KRW 30,000,000 and KRW 30,000,000,000 from June 20, 2002 to KRW 30,000,000,000,000,000,000,000,000 won for the return of the above lease deposit to the Plaintiff on June 5, 2011.

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the above lease contract was terminated upon the expiration of the term.

Unless there are special circumstances, Defendant B is the actual party to the above lease agreement, and Defendant C is jointly liable to pay the Plaintiff the unpaid lease deposit amount of KRW 25.5 million (=30 million - 4.5 million) and the delay damages.

B. As to the determination of Defendant B’s defense, Defendant B’s defense is a defense that the above claim for the return of lease deposit had already been extinguished by the completion of commercial extinctive prescription.