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(영문) 대구지방법원 서부지원 2017.02.15 2016가단11091

보증금반환

Text

1. The Defendant shall pay KRW 75 million to the Plaintiff the annual rate of 15% from June 22, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On January 20, 2014, the Defendant concluded a commercial building lease agreement with EN Development Co., Ltd. (hereinafter “EN Development”) stating that the first floor Nos. 102 of the 101 East-gu Seoul Building Co., Ltd. (hereinafter “instant commercial building”) shall be leased KRW 500 million for five years from the lease deposit.

B. On February 2, 2015, the Seogu District Court rendered a decision of voluntary auction of real estate on February 2, 2015 on the instant commercial building and any other classification and shops located in the same building upon the application of the Dream Savings Bank, Inc., a creditor of E.S. Development and a mortgagee of the said building.

(D) Article 3 (Rental Deposit and Rent): The method of paying a security deposit shall be those succeeded to KRW 100 million of the former lessee E.

④ 원고는 임대보증금으로 관리비 기타 제비용에 충당할 수 없으며, 보증금 반환청구권을 피고의 동의 없이 타인에게 양도하거나 짖ㄹ권 기타 담보로 제공하지 못한다.

Article 4 (Refund of Rental Deposit) (1) Upon termination or termination of a lease contract, the rental deposit paid by the plaintiff to the defendant shall be offset against all kinds of expenses, such as rent, management expenses, and other expenses to be paid to the defendant, and shall be refunded simultaneously with the intention

Article 16 (Matters of Special Agreement) In addition to the General Matters of the Agreement above, if there is any conflict between the General Matters and the Special Agreement, the following matters shall be determined as the Special Agreement:

① The Plaintiff is aware that the commercial building is in progress at auction and prepares a written contract. As such, the claim for damages and any other civil or criminal liability and compensation in accordance with the legal result may not be demanded to the Defendant, and the monthly payment shall not be refused on this ground.

As a result, the plaintiff has a legal liability.

C. On April 24, 2015, the Plaintiff and the Defendant were in progress with respect to the instant commercial building during the said auction procedure. The period of sublease on April 24, 2014.