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(영문) 서울북부지방법원 2020.11.10 2019가단142654

임차보증금반환 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 10, 2019 to November 10, 2020.

Reasons

1. Basic facts

A. On February 21, 2018, C entered into a lease agreement with the Defendant, the Defendant is 94.47 square meters of the underground floor among the real estate indicated in the attached Form, owned by the Defendant (hereinafter “instant underground floor”).

The term of lease deposit was set at KRW 7,000,000, monthly rent of KRW 600,000, and the term of lease from March 4, 2018 to March 4, 2020 (hereinafter “the term of lease”).

C) On March 4, 2018, upon the request of E where C was an employee, the Defendant paid KRW 2,00,000,000 to E for the purpose of partially returning lease deposit amounting to KRW 7,00,000 at the request of E.

3) By June 17, 2018, C purchased the original group, etc. equivalent to KRW 58,870,000, and made a report on the closure of October 15, 2018, while managing D, such as the production of clothing. 4) The Plaintiff (C and the husband before the report on divorce between the Plaintiff and the Plaintiff on March 2, 2012) decided to accept the initial lease contract from C with all of the goods, etc. of the first lease contract, and around October 17, 2018, the Defendant and the Defendant were returned KRW 2,00,000,000, which was returned to E out of the first lease deposit amount of KRW 7,000,000, which was returned to E from E, and entered into a new lease contract.

The contract contains the content of the lease deposit of KRW 5,00,000, monthly rent of KRW 700,000 (after February 25, 2018), the term of the lease from February 25, 2018 to February 25, 2020, and the special agreement provides that “The previous lessee’s rights and defects shall be succeeded to (the current three-month rent unpaid)” and the date of preparation shall be retroactively applied to February 21, 2018.

(hereinafter “instant lease agreement”). B.

1) The Plaintiff’s disposition 1) The Plaintiff temporarily suspended the business due to the Plaintiff’s establishment of only an employee, etc. while continuing to conduct the business in the instant underground floor from the instant underground floor to C. The Defendant did not pay the monthly rent to the Defendant. (2) The Defendant did not appear in the instant underground floor on March 27, 2019, as the Plaintiff did not appear in the instant underground floor.