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(영문) 서울서부지방법원 2019.07.26 2018가단214756

보증금반환

Text

1. The Defendant’s KRW 65,174,630 as well as 5% per annum from September 8, 2018 to July 26, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On October 17, 2017, the Plaintiff is operating with the Defendant, Jeju-si, D’s reinforced concrete structure (refinite concrete slab bars), 318.74 square meters on 1st floor, 425.07 square meters on 2nd floor, 113.22 square meters on 3rd floor (part of a building shall be a pent, and part of a building shall be a pent), and the name shall be “Eis” and “F” on the lower part of the lusium registered as a business entity by the Defendant.

) Class 2 neighborhood living facilities of 84.56 square meters (to be used as main points) of a reinforced concrete structure and a flat slab roof of a reinforced concrete structure.

Each of the above real estates is referred to as "the instant real estate" in total;

) A lease agreement to lease B with a deposit of KRW 20 million, monthly rent of KRW 18 million (excluding value-added tax, payment after the 16th of each month), and the period from November 16, 2017 to November 15, 2019 (hereinafter “the first lease agreement”).

- Of the special terms of Article 10 of the above Lease Agreement, the main contents of the special terms of Article 10 of the above Lease Agreement are as follows: Article 10 (Matters of special agreement) - The rent for the first two months after the commencement of the lease shall be KRW 13.5 million (excluding value-added tax). - At the time of the termination and termination of the lease, the operator of a coffee shop shall maintain and return the current house and equipment at present (excluding the expendable goods) in the present condition (excluding the case of the operator of a coffee shop). - The operator shall be the existing operator, and taxes and public charges shall

(2) The Plaintiff was aware of the Plaintiff’s monthly sales amounting to approximately KRW 18 million from a licensed real estate agent at the time of entering into the said lease agreement, and subsequently, he heard from the Defendant that the monthly sales amounting to approximately KRW 15 million.

3) Accordingly, G on November 14, 2017, on behalf of the Plaintiff, concluded that the instant real estate was leased between the Defendant and the Defendant by setting the deposit amount of KRW 200 million, monthly rent of KRW 15 million (excluding value-added tax, and payment by late payment on November 21, 2017, and period from November 20 to November 20, 2018).