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(영문) 수원지방법원안산지원 2016.02.03 2015가단109010

임대차보증금

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1. The Defendant: (a) KRW 12,300,000 for the Plaintiff and 5% per annum from May 1, 2015 to February 3, 2016.

Reasons

1. Basic facts

A. On October 31, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amount of KRW 50,000,000, monthly rent of KRW 500,000, and the lease term of KRW 500,000, and the lease term of KRW 31,00 or October 31, 2014 (hereinafter “instant lease agreement”), and the Plaintiff agreed to include the facilities, equipment, and generation in and outside of the instant childcare center, and paid KRW 55,00,00 for the premium.

B. On the other hand, on October 29, 2012, the Defendant received 9,380,000 won (hereinafter “instant retirement allowance reserve”) from an employer of the instant childcare center from the Young Life Co., Ltd. to the account of the instant childcare center business, and subsequently withdrawn all of them around that time.

C. By April 2013, the Plaintiff paid KRW 87,00,000 in total to the Defendant as a security deposit and premium for lease.

On August 1, 2013, the Plaintiff obtained authorization to change the representative of the child-care center of this case from the members of Ansan-si, the competent authority.

E. On August 2013, the Plaintiff entered into a real estate lease agreement with the Defendant, stating that “The child care center of this case is leased by setting the lease deposit amount of KRW 32,00,000,00, and by the term of July 30, 2015” (hereinafter “instant modification agreement”). F, the Plaintiff entered into an agreement with E to transfer the child care center business of this case around the end of April 2015.

G. On April 30, 2015, the Plaintiff was refunded KRW 10,000,000 from the Defendant’s deposit for lease of this case, and thereafter refunded KRW 4,000,000.

【Non-contentious facts, Gap evidence Nos. 1, 2, 4, 5-8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. Part 1 of the Plaintiff’s claim on the claim for refund of deposit for lease (A) The Plaintiff’s child-care center at the time of the instant lease agreement.