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(영문) 수원지방법원안산지원 2014.05.01 2012가단16773

임대차보증금

Text

1. The Defendant shall pay to the Plaintiff KRW 10,802,116 and the interest rate of KRW 24% per annum from March 11, 2014 to the day of complete payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1, 2-1, 5, 7, and 9:

The Daewoo Motor Vehicle Sales Co., Ltd. (hereinafter “instant company”) changed its trade name on December 20, 201 to Daewoo Dog Development Co., Ltd., Ltd. (hereinafter “the instant company”) on May 16, 2006, determined and leased on May 16, 2006, approximately KRW 50 square meters (hereinafter “instant building”) of the first floor of the 7th floor above the 1st floor above 6th ground, both F, F, and F, in light of light name from E, as deposit money of KRW 400,00,000, monthly rent of KRW 3,300,000 (including value-added tax).

B. The instant company entered into a sub-lease contract with the Defendant with the consent of the lessor C, D, and E by setting the period as three years from May 16, 2006 to May 15, 2009 as interest rate of KRW 3,300,000 (including value added tax) and the lease deposit amount of KRW 400,000,00.

On the other hand, the company and the defendant concluded the automobile agency contract, and the company of this case decided to deduct the interest on the above rent and deposit from the automobile sales commission to be paid to the defendant under the automobile agency contract.

C. When the instant company could not pay monthly rent to the said lessor due to the aggravation of the financial situation around April 2010, the said lessor requested the Defendant to pay the monthly rent directly to the lessor that “The Defendant would have to pay the monthly rent to the instant company.” The Defendant directly paid the said rent to the lessor from June 30, 2010 to November 29, 201, and the lessor received it and appropriated it to the monthly rent to be received from the instant company.

Around October 201, the instant company notified the lessor that the said lease contract was terminated and the deposit was returned. On December 8, 2011, the Defendant terminated the said sub-lease contract and delivered the instant building to the lessor.

E. The instant company is the company.