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Reasons
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(영문) 제주지방법원 2015.03.17 2014가단6243
임대차보증금
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1. The Defendant points out from the Plaintiff each of the marks 1, 2, 3, 4, and 1 of the attached drawings among the first floor of the building listed in the attached real estate list.

Reasons

1. Basic facts

A. On June 5, 2013, the Defendant entered into an agreement with D and E to avoid sub-lease of the instant leased building while leasing all the first floor among the buildings listed in the attached real estate list, owned by them (hereinafter “instant leased building”), and operated Smarkets in the name of “F”.

B. On August 7, 2013, the Defendant entered into a sub-lease contract (hereinafter “sub-lease contract of this case”) with a lease deposit of KRW 15 million, annual rent of KRW 5 million, and a sublease period of two years from August 30, 2013 (hereinafter “sub-lease contract of this case”), and received the said deposit and annual rent and delivered the instant sub-lease building.

C. When the Plaintiff intended to operate a coffee store in the instant sub-lease building, but it was impossible to register its business, the Plaintiff requested the Defendant to change the name of the pre-lease in the name of G.

The sub-lease contract of this case was terminated on January 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The Plaintiff asserted that the sub-lease of the instant leased building was prohibited between the lessor and the Defendant of the instant leased building, and even without the lessor’s consent to sub-lease, the Defendant alleged that the instant sub-lease contract was terminated on January 2014 by hiding the fact of the agreement prohibiting the sub-lease and by deceiving the lessor’s consent. On January 1, 2014, the Defendant agreed to pay the Plaintiff the deposit amounting to KRW 15 million, annual rent of KRW 5 million, annual rent of KRW 1,5 million, and the Plaintiff’s expenses incurred in the interior work (hereinafter “instant agreement”), and the said interior work cost was 10,092.

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