beta
(영문) 광주지방법원목포지원 2017.04.19 2016가단1371 (1)

임대차보증금

Text

1. The Defendant’s KRW 34,304,724 as well as the Plaintiff’s annual rate of 5% from January 1, 2014 to October 7, 2016, and the following.

Reasons

1. Basic facts

A. 1) On April 28, 2010, the Defendant entered into a sublease contract with Nonparty C with the real estate indicated in the separate sheet (hereinafter “instant building”).

(D) The restaurant (hereinafter “instant restaurant”) under the trade name of “D.”

2) The Plaintiff acquired and operated the instant restaurant by leasing the instant building from the Defendant (hereinafter “instant sub-lease”) with the following content:

(Business Name and Business Deposit Account is used as it is in the name of the Defendant). From March 11, 2013 to March 10, 2014, the sub-lease period: 100,000 won: monthly rent of KRW 3,300,000: Interest on KRW 150,000 per month: KRW 1,50,000 per month: The Plaintiff paid KRW 2,00,000 as the sub-lease deposit to the Defendant on March 3, 2013; KRW 80,000,000 on March 10, 2013; and KRW 10,000 on March 10, 2013; and KRW 10,000,000 to the instant building; and KRW 3,000,000 on March 10, 201; and each of the instant judgment rendered a final judgment against Defendant C, 2015.

2) On October 25, 2013, the lower court filed a claim suit against the Plaintiff again against the Plaintiff, and rendered a judgment that “the Plaintiff shall deliver the instant building to C” on October 25, 2013, and the said judgment became final and conclusive around that time. C. The Defendant, at the time of concluding the instant sub-lease contract, failed to pay approximately KRW 42,00,000,000 for rent and management expenses for about 20 months to C, and thus, received a final and conclusive judgment to deliver the instant building to C. As such, the Plaintiff had no intention or ability to sublease the instant building normally or to refund the deposit for sub-lease.