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(영문) 수원지방법원 2020.04.14 2018가단563055
보증금반환
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 16, 2014, the Defendant: (a) leased a building D (hereinafter “instant aggregate building”) E and F (hereinafter “E” and “F”) in the order of order, which is owned by C; (b) KRW 30 million in deposit; (c) KRW 190,000 in rent; (d) January 16, 2014, from January 15, 2016 to January 15, 2016; and (c) operated a massage clinic in E and F.

B. On July 2, 2014, the Defendant and C entered into a contract to change the deposit amount of the instant lease agreement as KRW 45 million, and KRW 1.4 million per month to KRW 1.4 million per month. ② On June 18, 2015, the Defendant and C entered into each contract to change the deposit amount of the said changed lease agreement as KRW 65 million, KRW 1 million, and KRW 1 million from June 18, 2015 to June 17, 2018.

C. On September 14, 2015, the Defendant leased the instant aggregate building G, H, and I (hereinafter “G”, “H”, and “I”) owned by C from C to September 30, 2015, with a deposit of KRW 30 million, monthly rent of KRW 1 million, and from October 1, 2015 to September 30, 2018, and operated an massage place in G through I.

On October 1, 2015, the Plaintiff, from the Defendant, operated a massage place in E-ho subparagraph and F, after setting aside the vehicle between E-ho and F during the period from October 1, 2015 to September 30, 2017 (hereinafter “instant sub-lease contract”). The Plaintiff was operating a massage place in the E-ho subparagraph and F, a deposit of KRW 30 million, a monthly rent of KRW 250 million, a public charge of KRW 100,000,000 per month, a sublease of public charges, and a sublease of the sub-lease period from October 1, 2015 to September 30, 2017.

Paragraph (3) of the special agreement of the above contract provides that "The lessee shall not claim for the premium and facility fee to the lessor."

E. On June 1, 2016, this Court rendered a voluntary decision to commence the auction (J) on the G or F.

F. On December 19, 2016, the Plaintiff and the Defendant: (a) on October 1, 2015, the Plaintiff and the Defendant set off from the Defendant a deposit of KRW 65 million; (b) monthly rent of KRW 1 million; and (c) on October 1, 2015, the period of lease from October 1, 2015 to September 30, 2017.

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