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(영문) 대전고등법원 2016.10.21 2016나12555
보증금반환
Text

1. The part regarding the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit of this case against the defendant 15,000.

Reasons

1. Basic facts

A. On October 25, 2011, the Plaintiff’s lease agreement relationship 1) The nico World Co., Ltd., Ltd., the fourth floor D above the Daejeon-gu Daejeon-gu building owned by it (hereinafter “instant building”).

E Co., Ltd. (hereinafter referred to as “E”).

2) On December 20, 201, E leased part of the instant building (hereinafter “instant leased part”) to the Plaintiff and F (G) as the term of lease was 48 months from December 20, 201, and the lease deposit was 200,000 won.

3) The Plaintiff and F did not pay the above lease deposit in lump sum, and paid in installments, from December 20, 201 to May 9, 2012, 201, the Plaintiff and F agreed with E to increase the lease deposit in KRW 230,000,000. Accordingly, the Plaintiff and F had paid KRW 230,000 as the lease deposit. (4) From December 20, 2011, the Plaintiff and F began meck business from December 20, 201.

B. 1) On September 25, 2014, E entered into a contract with the Defendant on a facility with the content that “E sets up and leases the wedding business in the instant building to the Defendant with the lease deposit amount of KRW 300,000,000,000, and the lease term of KRW 300,000 from September 30, 2014 to September 30, 2015” (hereinafter “instant dam lease contract”).

On September 30, 2014, E entered into a lease contract (including lease of E facilities and equipment), Article 1 (Deposit Money and Time) of the lease real estate (including lease of E facilities and equipment), as follows:

Deposit: The lessee of Article 2 (Rent for Facilities Smuggling Equipment) to be paid at the time of the contract of KRW 300 million shall be paid KRW 50,000 each month with the rent for the facilities and the wale equipment.

Article 6 (Delivery, Term of Lease, etc. of Real Estate) (1) Term of lease shall be until September 30, 2015.

(2) A lessee shall be the same.

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