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(영문) 서울중앙지방법원 2017.09.05 2016가단5058419

보증금반환

Text

1. As to the Plaintiff KRW 55,400,00 and KRW 50,000 among them, Defendant B shall be from April 2, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B leased from D the Gangnam-gu Seoul E-building F (hereinafter “instant store”) to operate “Gmaart”, and Defendant C is the children of Defendant B.

B. On November 24, 2014, Defendant B: (a) set the Plaintiff each of the sub-leases (hereinafter “sub-leases of this case”) as KRW 50,000,000 for the previous car deposit; (b) monthly rent of KRW 3,00,000 for rent; and (c) the sublease period from December 1, 2014 to November 30, 2016 for the sublease period (hereinafter “sub-leases”).

C. At the time of the conclusion of the sub-lease contract with the Plaintiff, Defendant B agreed to pay the Plaintiff the remaining amount by deducting the rent, etc. from the sales price of the above sculner, taking into account the case where the sales price of the instant sculner, which is a part of the “Gma”, is settled in the calculation unit of the “Gmarate,” instead of receiving a separate rent from the Plaintiff.

Defendant B paid to the Plaintiff the amount of money obtained by deducting rent, etc. from the sales amount from the sales amount arising from the operation of the Yner as indicated in the following table.

3,00,000 won for temporary 16. 16. 12. 16. 3,00,000 won for 30. 3,00,00 won for 15. 3,00 won for 17. 17, 200,00 won for 0. 16. 16. 20,00. 16. 16. 20,00 for 20. 3,00,000 for 16. 16. 16. 20,00 for 20. 3,00,000 for 20. 15,00 for 20. 18,000 for 20. 10,000 won for 10,000,000 won for 15. 20,000 won for 16. 10,000 won for 205

E. Defendant B was operated at the instant store around February 2016.