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(영문) 인천지방법원부천지원 2016.08.12 2016가단107556
보증금반환
Text

1. The defendant shall pay 20 million won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On May 1, 2014, the Plaintiff entered into a lease agreement with the Defendant and Yongsan-gu Seoul Metropolitan Government on a deposit of KRW 20,000,000 for the right-hand 25 square meters (hereinafter “instant store”), monthly rent of KRW 1,00,000 (payment after May 10, 201), the period from May 10, 2014 to May 9, 2016; and the lessee entered into a lease agreement that stipulates that the lessor may terminate the contract when he/she continually delays the payment of rent at least twice.

(hereinafter “instant lease agreement”). B.

On May 10, 2014, the Plaintiff paid a deposit of KRW 20,000,000 to the Defendant. On the same day, the Plaintiff paid KRW 17,00,000 to the Defendant for the premium set at KRW 17,00,000, and the Defendant took over all the machinery and equipment installed by the Defendant while operating a seed within the instant store, and received delivery of the instant store.

C. On April 15, 2015, the Plaintiff sent to the Defendant a content-certified mail that contains an intent not to renew the instant lease agreement, and the said mail reached the Defendant around that time.

The Plaintiff operated a pole at the instant store and suspended the operation around May 10, 2016.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 to 4 and 7, and the purport of the whole pleadings

2. Determination

A. According to the above recognition that the obligation to return the lease deposit was created, as the instant lease contract was terminated on May 9, 2016, the Defendant is obligated to return the deposit to the Plaintiff under the instant lease contract.

B. The Plaintiff seeking the return of KRW 17,00,000 paid to the Defendant for the premium set.

The payment of premiums, which is accompanied by the lease of a commercial building, does not constitute the contents of the lease contract, and the premium itself is a business interest in accordance with tangible objects, such as business facilities, fixtures, etc., or transaction partners, credit, business know-how or location of a store.

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