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(영문) 수원지방법원 2018.07.10 2017가단518799

임대차보증금

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1. The Defendant’s KRW 5,357,808 as well as the Plaintiff’s annual rate of 5% from June 10, 2017 to July 10, 2018, and the next day.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by the Defendant.

The Plaintiff and the Defendant concluded a lease agreement on May 11, 201 with respect to the instant real estate.

On May 29, 2015, the above lease contract continued to be renewed after the termination, and the Plaintiff and the Defendant concluded a lease contract with respect to the instant real estate (hereinafter “instant lease contract”) with the following terms:

Deposit: 70,000,000 won Duration: From June 1, 2015 to May 31, 2016.

Monthly taxes: 5,800,000 won shall be paid on the last day of each month.

No lessee may change the use or structure of the above real estate, or sub-lease, lease, transfer the right of lease or offer the security without the consent of the lessor, and use it for purposes other than the purpose of lease

The terms and conditions of this contract and the rent for the succession contract according to the extension of the term and conditions of this contract shall be included in the value-added tax.

A lessor: Defendant / Proxy C lessee: Plaintiff / Agent D

B. The Plaintiff was engaged in automobile goods, automobile specialized repair business, and automobile leasing business with the trade name called E in the instant real estate.

C. Meanwhile, on April 10, 2012, the Plaintiff entered into a sublease contract with Nonparty F to KRW 30,00,000, monthly rent of KRW 800,000, and from May 25, 2012 to May 25, 2013 with respect to the portion of approximately 60 square meters of the instant real estate (hereinafter “sub-lease”), without the Defendant’s consent, and thereafter, the Plaintiff and F entered into a sublease contract with Nonparty F to KRW 30,00,000, May 30, 2015, and from May 26, 2015 to May 25, 2016.

(hereinafter “The instant sub-lease contract”). F was engaged in business, such as car hosting, with the trade name of G in the instant sub-lease part.

Despite the expiration of the instant lease term, F did not deliver the sub-lease to the Defendant.