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(영문) 서울북부지방법원 2016.12.20 2016가단1585
임대차보증금반환
Text

1. The Defendant’s KRW 10,000,000 as well as 5% per annum from August 31, 2015 to December 20, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 8, 2007, C entered into a lease agreement with the F management body that delegated the right to lease the instant commercial building from the owners of the fourth floor of Dongdaemun-gu Seoul and E-ground F buildings (hereinafter “instant commercial building”) to set the deposit amount of KRW 150 million and the lease period of the instant commercial building as 36 months from the date of delivery of the instant commercial building (hereinafter “instant lease agreement”).

B. C used the instant commercial building to G, who is a model, and around 208, G removed the boundary mark of the sectioned, building number signs, etc. on the floor of the instant commercial building, and installed partitions, door walls, door doors, etc. irrespective of the boundary of the sectioned store, and used the instant commercial building without permission and modified it to call text and its ancillary restaurant, etc.

C. On November 28, 2011, the Defendant entered into a sublease contract with the terms and conditions that the portion used as a restaurant of the instant shopping district, among G and the instant shopping district, shall be KRW 100 million, KRW 3 million, and KRW 100,000,000,000, and KRW 100,000,000,000,000,000,000,000.

At around 2012, the Plaintiff and H agreed to operate a restaurant and entered into a sub-lease contract between the Defendant and the said cafeteria (200 square meters) with a deposit of KRW 20 million (the remainder shall be paid in 3 million per month), premium of KRW 3 million, monthly rent and interest, management fee of KRW 1.4 million in total.

E. On March 1, 2013, the Plaintiff reversed the H’s business agreement with the Defendant, and entered into a sublease contract with the Defendant on the “J restaurant” at KRW 10 million per month and KRW 3.6 million per month, and on the other hand, the said sublease contract entered into a special agreement with the Defendant, stating that “the premium of KRW 20 million shall be refunded when the Defendant sells the following restaurant,” and that “the premium of KRW 20 million shall be refunded at the time of the sales of the following restaurant.”

F. The Plaintiff and the Defendant on March 1, 2014

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