(영문) 서울중앙지방법원 2017.01.12 2016가단5039302

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(영문) 서울중앙지방법원 2017.01.12 2016가단5039302

발전기금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 15, 2013, the Plaintiff: (a) around July 15, 2013, the date of entering into the lease agreement No. 1-1 is December 12, 2013; (b) however, the date of entering into the actual lease agreement appears to be around July 15, 2013, the previous date of entering into the lease agreement.

The Defendant entered into a lease agreement with the head of Nam-gu Busan Metropolitan City Building B (hereinafter “instant store”) to lease each of the lease deposit amounting to KRW 250,000,000, monthly rent of KRW 4,950,000, and KRW 4,950,000 from the delivery date to November 30, 2018 (hereinafter “instant lease agreement”).

B. In addition, at the time of the instant lease agreement, the Plaintiff agreed to pay KRW 150,00,000 as the Defendant’s “development fund” in return for the lease and use of the instant store between the Defendant and the Defendant.

(hereinafter “instant development fund payment agreement” refers to “the instant development fund,” and the said money is referred to as “the instant development fund.” Article 1(1) of the Agreement on the Termination of Lease Agreement provides that the purpose of this Agreement is to terminate the lease agreement with respect to the instant store leased by the Defendant to the Plaintiff.

Article 2 (Matters Agreed) (1) The Plaintiff shall deliver the instant store to the Defendant by September 30, 2014.

② The Defendant shall refund the lease deposit to the Plaintiff, and the amount shall be the amount calculated by deducting all the amount of debt, such as overdue rent, etc., to the Plaintiff from the said lease deposit.

③ Subject to the condition that a new lease contract regarding the instant store was concluded on October 1, 2014 as the starting point of October 1, 2014, the Defendant may be exempted from the Plaintiff’s obligation to restore to its original state.

④ The Plaintiff, upon the termination of the instant lease agreement, waives all rights and demands any condition to the Defendant, such as the development fund (one hundred and fifty million won per day) paid at the time of the instant lease agreement.

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