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(영문) 인천지방법원 부천지원 2017.01.12 2015가단116713
보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 13, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 3,300,000, and one year for the lease term (hereinafter “instant lease agreement”) with respect to the 60,000 square meters above the 1st floor of, and 10,00 square meters underground of, the 1st floor of, Bupyeong-gu Seoul Metropolitan Government C building (hereinafter “instant store”).

B. In the process of concluding the instant lease agreement, on March 19, 201, the Plaintiff entered into a real estate right transfer agreement with D, a lessee of the instant store, with the amount of KRW 270,00,000 for facility premium of KRW 270,000.

C. The Plaintiff paid KRW 50,000,000 to the Defendant, and KRW 270,000,000 for facility premium to D, respectively. From May 17, 2011, the Plaintiff registered its business with the trade name “E” at the instant store and operated its tasks.

After that, while the instant lease contract was implicitly renewed, the Plaintiff notified the Defendant of the termination of the contract on August 18, 2015, and sent a document verifying the content of the termination of the contract and the return of the lease deposit on August 19, 2015.

E. On November 18, 2015, the Plaintiff delivered the instant store to the Defendant.

On August 27, 2016, which was after the expiration of the lease term of the instant lease agreement, the Plaintiff and the Defendant entered into an agreement on the settlement that “the Defendant would pay the Plaintiff the remainder of KRW 48,187,590 after deducting the unpaid rent, management fee, electricity fee, etc. from KRW 50,000,00, the remainder of KRW 1,812,410, such as the unpaid rent, management fee, and electricity fee,” and the Defendant paid the Plaintiff KRW 48,187,590 on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 9, Eul evidence 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is that the Defendant arranged F as a new lessee of the instant store, and the Plaintiff is a facility premium including the house equipment and facility cost between F and F.

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