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(영문) 인천지방법원부천지원 2017.11.14 2017가단109368

보증금반환

Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 21, 2017 to August 8, 2017.

Reasons

1. Determination on the claim for refund of deposit and premium

A. (1) On January 10, 2017, the Plaintiff entered into a lease agreement with the Defendant, the lessee of the facilities located in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant first shopping district”) on the lease transfer or acquisition of the right to lease (hereinafter “the lease agreement”) with the Defendant, the lessee of the facilities located in Kimpo-si, Kimpo-si, Kimpo-si, and entered into a lease agreement between D and E, the lessor of the instant first district, with the lease deposit amount of KRW 30 million and KRW 2 million per month (hereinafter “the instant lease agreement”).

(2) From January 9, 2017 to January 14, 2017, the Plaintiff paid KRW 60 million in total to the Defendant the instant lease transfer agreement and the instant lease agreement.

(3) However, the Plaintiff and the Defendant agreed on the instant lease transfer/acquisition agreement, the Plaintiff, D, and E respectively, and the Plaintiff was returned KRW 30 million from D.

(4) Since then, the Defendant proposed that the Plaintiff conduct the business of the third deputy head after the Plaintiff’s lease from the Defendant with respect to the Defendant’s residential facilities located in Kim Jong-si G (hereinafter “the second deputy head”), which the Defendant leased from F, and accordingly, on March 21, 2017, the Plaintiff and the Defendant concluded a sub-lease contract (hereinafter “the sub-lease contract of this case”) with respect to the second family head as of March 21, 2017, on which the deposit for sub-lease was KRW 25 million, and the premium of KRW 30 million was paid by the Plaintiff to the Defendant according to the lease transfer contract of this case. The Defendant concluded a sub-lease contract with the effect that the Plaintiff completed the relevant procedures for permission, etc. by April 30, 2017 to enable the third deputy head to conduct the business (hereinafter “the sub-lease contract of this case”).

(5) The Plaintiff’s agreement with the Defendant on March 21, 2017.