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(영문) 서울북부지방법원 2017.09.12 2016가단149425

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from December 7, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant commercial building”) is an aggregate building divided into a total of 137 stores and registered separately.

B. On June 8, 2007, C entered into a lease agreement with D Management Body composed of sectional owners of the instant commercial building and delegated with the authority to lease the instant commercial building, with respect to the instant commercial building, setting lease deposit of KRW 150,000,000, and lease period of KRW 36 months from the date of delivery of the instant commercial building (hereinafter “instant lease agreement”), and received delivery of the instant commercial building on October 2, 2007.

C. C used the instant commercial building to the Defendant, who is a penalty father, and the Defendant has operated the instant commercial building from January 2, 2008 with the trade name “E” in the instant commercial building.

On November 28, 201, F entered into a sub-lease contract between the Defendant and the instant commercial building, which is set up and leased as of July 30, 201 from the date of the said sub-lease contract to KRW 70,000,000, monthly rent, KRW 500,000, and KRW 500,000 from the date of the said sub-lease contract (hereinafter referred to as the “sub-lease contract”), and thereafter, thereafter, paid KRW 70,00,000 to the Defendant for KRW 70,00,000.

E. On February 28, 2013, G accepted the instant store from F, and received and operated the instant store to receive the claim for the refund of the sublease deposit against the Defendant, and the Defendant agreed to return the said sublease deposit to G.

F. While the lease contract of this case was terminated, 22 of the owners of the instant commercial buildings filed a lawsuit against C on the ground that the Defendant occupied and used the instant commercial building without authority, and subsequently rendered a favorable judgment from the said court on June 2, 2016 that “C and the Defendant delivered the instant commercial building” was handed down.

On the other hand, the above.