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(영문) 수원지방법원 2015.08.12 2014나11267

임대차보증금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On October 12, 2010, the Defendant entered into a lease agreement between C Co., Ltd. (hereinafter “C”) and the Defendant on October 12, 2010, with respect to the lessor C, the lessee, the Defendant, the lease deposit amount of KRW 200 million, and the lease term of the lease (hereinafter “instant lease agreement”) with respect to the right to engage in the bath bath manager’s business on the fourth and fifth floor of the F building in Suwon-si E, Suwon-si (hereinafter “instant letter”).

B. Sub-lease 1 between the Defendant and the Plaintiff is a sub-lease contract between the Defendant and the Defendant for the purpose of running a bath manager’s business in the sugar of the instant case, setting the period from April 1, 2012 to April 30, 2013, with each of the following: (a) the lessor, the Plaintiff, the lease deposit amount of KRW 20 million; (b) the rent of KRW 750,000 per month; and (c) the lease period from April 1, 2012 to April 30, 2013; and (d) the Plaintiff partially transferred part of the bathing manager’s goodwill leased by the Defendant

(2) G, H, I, J, and K (hereinafter “G, etc.”) concluded a sublease contract similar to the instant sub-lease contract with the Defendant, and the Plaintiff, together with the Plaintiff, carried on the bath manager business in the instant saves or inns.

C. Around November 201, 2011, the representative director D of the instant friendship 1) was sentenced to imprisonment for fraud in a criminal case. Accordingly, there was a dispute over the facility management and operation of the F building in which the instant friendship 1 is located. (ii) From January 2013, L and M (hereinafter “L, etc.”) began to operate the instant friendship 1 from around January 201, and demanded a bath manager including the Plaintiff to withdraw from the instant friendship 1.

The Plaintiff and L et al. agreed with L et al. paid deposit amounting to KRW 20 million with the Sal. Sal. Sal. Sal. services within the five stories in Suwon-si E 4 and the five stories, but they are smooth with M et al. as the present business operator.