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(영문) 서울중앙지방법원 2011.09.09 2010가합88991
임대차보증금반환
Text

1. Defendant C&C Co., Ltd.: (a) the first floor and ground level from among the buildings listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. 1) On September 5, 2005, the Plaintiff entered in the separate sheet (hereinafter “instant building”) on September 5, 2005

Defendant A, B, and C (Defendant A’s shares were 45.64/100, Defendant B, and C’s shares were 27.18/100, respectively.

(2) On January 25, 2006, the Plaintiff entered into a lease agreement with Defendant A, B, and C, setting the lease deposit amount of KRW 1 billion, monthly rent and management expenses (excluding value-added tax) and KRW 33,500,00,00 (excluding value-added tax), from March 1, 2006 to December 31, 2007, and around that time, paid KRW 1 billion as the lease deposit to Defendant A, B, and C. The Plaintiff paid KRW 5 billion on the ground of the instant building between Defendant A, B, and C, with the lease deposit amount of KRW 10,00,00,000 (excluding value-added tax), monthly rent of KRW 5,20,00,000, and from February 1, 2006 to December 31, 207.

3) Under each of the above lease agreements, the Plaintiff: (a) occupied and used the above 1st and upper 1st and upper 5th tier; (b) concluded a lease agreement between Defendant A, B, and C on December 5, 2007; (c) the above 1st, 2, 3, and 4th tier above 1 billion won; (d) monthly rent of KRW 27,712,500; (e) the lease term of KRW 1 billion to December 31, 2009; (b) the lease term of KRW 10 million to KRW 6,540,00 (value-added tax); (c) the lease agreement between January 1, 2008 to December 31, 209; and (d) the purchase price of each of the above 5th tier above 10 million to KRW 30,000 (value-added tax); (d) the lease agreement between Defendant C1 and December 31, 2009.

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