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(영문) 서울중앙지방법원 2014.11.13 2013가단342323

임대차보증금

Text

1. The Defendant’s KRW 18,073,265 as well as 5% per annum from July 18, 2014 to November 13, 2014 as to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant and the Plaintiff entered into a share participation agreement to establish and operate D (hereinafter “instant beauty service center”) on the fourth floor of the Seocho-gu Seoul Metropolitan Government C building owned by the Plaintiff (hereinafter “instant building”).

According to this, if the defendant, who is a business owner, operates the beauty art room of this case in the building of this case, he shall invest the amount of shares recognized by the share participant B, and he shall have the right to distribute the profits arising from the operation of the beauty art room of this case as much as

B. On December 9, 2007, the Plaintiff: (a) determined the Defendant E as the lessee to be in charge of the operation of the beauty room of this case; (b) determined E and the rental deposit of KRW 50 million (the Defendant’s payment of KRW 25 million to the Plaintiff; (c) monthly rent of KRW 6 million to the Plaintiff); (d) monthly management fee of KRW 1.5 million (excluding value-added tax); (e) monthly management fee of KRW 150,000 (excluding value-added tax); (c) the lease period from January 10 to January 9, 2013; and (d) monthly rent and management fee of KRW 5% annually; and (e) concluded every month by adding the rental fee, non-management fee, water supply and drainage charge, heating and cooling expenses, public interest, maintenance and management expenses, and other expenses necessary for public interest and public development; and (e) determined that the amount is in arrears and paid every 1.5% of the management expenses (hereinafter referred to as “tax”).

The defendant jointly and severally guaranteed the lessee's obligation under the above lease agreement.

C. After entering into the instant lease agreement, F entered into a lessee of the instant lease agreement with the Plaintiff and the Defendant. On July 4, 2014, F delivered the instant building to the Plaintiff.

Based on the claim for rent under the instant lease agreement, the Plaintiff is an executory payment order for F with respect to the claim for lease deposit against the Seoul Central District Court 2013 tea57627.