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(영문) 서울서부지방법원 2020.08.21 2020나43200

보증금반환

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 4,000,000 and KRW 3,500,000 among them.

Reasons

1. Basic facts

A. On May 28, 2013, the Defendant concluded a lease contract with F to KRW 15,00,000, monthly rent of KRW 1,400,000, and from December 5, 2011 to December 4, 2013 with the term of lease (the Defendant acquired freezing facilities, etc. at around 201 from G who operated the water processing business, etc. at the instant factory) of Class II neighborhood living facilities located in Gwangju City (hereinafter “instant factory”); ② On May 28, 2013, with the consent of F, the Defendant concluded a lease contract with F to KRW 15,00,00, monthly rent of KRW 1,40,00, KRW 100,00, KRW 300, KRW 1000, KRW 3000, KRW 100,000, KRW 300,010, KRW 300,010, and KRW 300,010,010.

B. On May 2016, the Plaintiff operated the livestock products processing business, etc. at the instant plant, and entered into a lease contract for a factory with the lessee as the Plaintiff (the representative director, the Plaintiff; hereinafter “I”) and the lessee as the Plaintiff Company I (the “Plaintiff”), and entered into a new lease contract for a factory with the monthly rent of KRW 1,400,000 and the lease term of May 30, 2016. The monthly rent of KRW 1,400,000 for the instant plant was paid to H, and KRW 50,000 for the period of KRW 1,40,000 for the freezing facilities, etc.

C. On October 15, 2018, the Plaintiff notified the Defendant by means of content-certified mail that “H, a lessor of the instant factory, delivered his/her intent to terminate the contract on August 2018, and requested removal and reinstatement of the present facilities.” On October 31, 2018, the Plaintiff filed a lawsuit against the Defendant claiming the return of the deposit amount against the Defendant on November 16, 2018, without having kept the freezing facilities, etc. as it is.

On the other hand, H, on November 8, 2018, came to the Defendant as Suwon District Court Branch 2018Kadan236042.