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(영문) 인천지방법원부천지원 2015.09.22 2015가단4421

보증금반환청구금

Text

1. At the same time, the Defendant received buildings listed in the separate sheet from the Plaintiff, from the Plaintiff at KRW 80,000,000 to the Plaintiff.

Reasons

1. Basic facts

A. C, from Samsung Heavy Industries Co., Ltd. (hereinafter “Tsung Heavy Industries”), partially leased a lease deposit of KRW 80,000,000 and the lease period of KRW 25,00 from October 26, 2009 to October 25, 2012, part of the D Buildings No. 106-2 listed in the separate sheet was set and leased from the Samsung Heavy Heavy Industries Co., Ltd. (hereinafter “Tsung Heavy Industries”), and operated a party hall at that place.

[Attachment 106-2] The area of the section for exclusive use is 577.52 square meters and actually used as a golf practice range (365.57 square meters) and the part used as a billiard (211.95 square meters) as the above lease agreement. However, for convenience, parties to the contract refers to the above part of the billiard for a specific purpose as "No. 106-3 square meters"; hereinafter referred to as "the instant real estate").

On November 18, 2011, the Plaintiff agreed to accept the above party hall from C, and the Plaintiff, C, and Samsung Heavy Industries entered into an agreement on the alteration of the lease agreement with the main contents that the lessee changes from C to the Plaintiff. The Plaintiff delivered KRW 80,000,000 to Samsung Heavy Industries as a deposit money.

(hereinafter “Agreement on Modification of the Lease Agreement”). On the other hand, the agreement includes the content that was changed from the lease relationship in the previous form of lease to the monthly rent, but its main contents are as follows:

“A”: Samsung Heavy Industries, “B”: Plaintiff

1. Subsequent to the change of the details of the change before the change, the lessee C of non-high-rise shop No. 106-3 (the real estate in this case) located under D 106-3 (the real estate in this case) on October 26, 2009 to October 25, 2012 from October 26, 2009 to November 30, 2014, the deposit amount of KRW 80 million on the extended terms and conditions of lease between October 26, 2009 and November 30, 2014 to June 1, 2012, the monthly rent of KRW 1.7 million was converted from June 1, 2012 to June 1, 2012, the “A” shall be refunded to the “A” and the “the sick” shall be paid on June 25, 2012 to the “B” rent.

(C). (1)