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(영문) 서울중앙지방법원 2017.09.01 2016가단5270196

보증금반환

Text

1. The Defendant’s annual period from November 12, 2016 to November 21, 2016, as to KRW 48,997,112 and KRW 31,737,823 among the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is running a business supporting industrial accident workers' starting stores as a business promoting the welfare of workers under Article 92 of the Industrial Accident Compensation Insurance Act.

B. On November 25, 2009, the Plaintiff selected the non-party B of the industrial accident workers as a person eligible for support business, and entered into a lease agreement with the Defendant on the part of 50 square meters of the store in Seongbuk-gu Seoul and the first floor (hereinafter “instant building”). The Plaintiff paid KRW 60,000,000 to the Defendant as the lease deposit, and accordingly, B operated the instant building.

The defendant of the real estate lease contract (monthly rent) is a lessor, the plaintiff is a lessee, and the store of a certain size specified in Article 1 of this contract is leased, and the store operator has fully reviewed the purpose and contents of the contract and reached a complete agreement on the terms of the contract in order to entrust B with the right to use the contract.

Article 1 (Lease Property) The lease contract under this contract shall be from November 26, 2009 to November 25, 201 (24 months) of the lease area of 50.00 square meters in the part of the store among Seongbuk-gu Seoul and 1 floors.

Article 3 (Rental Deposit and Rent) (1) Rental deposit shall be 60,000,000 won.

(2) Monthly rents shall be 800,000 won.

(4) B shall pay a monthly rent under paragraph (2) to the defendant, and matters concerning the method and date of payment of rent, and other monthly rent shall be determined by mutual agreement between the defendant and B.

(5) B shall submit 4,800,000 won for a six-month rent which can be disposed of by offsetting the unpaid amount, such as monthly rent, management expenses, facility restoration expenses, etc., to the defendant by entering into a guarantee insurance contract for performance (payment) and submit such securities to the lessor.

Article 7 (Refund of Rental Deposit, etc. and Order of Building) (1) The defendant shall simultaneously comply with Article 3 (1) at the same time as the name of the object of the contract after the expiration of the contract period.