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(영문) 인천지방법원 2018.08.31 2018가단216130
임대차보증금
Text

1. The Defendants jointly share KRW 33,817,101 with respect to the Plaintiff and 5% per annum from December 29, 2017 to August 31, 2018.

Reasons

1. Facts of recognition;

A. On August 2017, the Plaintiff leased, from the Defendants, all the second floor among the buildings located in Daegu-gu D (hereinafter “instant real estate”) owned by the Defendants by the Defendants by setting the deposit amounting to KRW 35 million, monthly renting KRW 2 million, and the lease period on September 19, 2019.

B. The Plaintiff operated a “E” private teaching institute in the instant real estate, and on October 18, 2017, transferred the said private teaching institute to Nonparty F for a premium of KRW 25 million.

(The delivery date of a private teaching institute shall be November 1, 2017).

After the conclusion of the above contract for the transfer of a private teaching institute, the Defendants and F set up a lease agreement, around October 19, 2017, with the lessee F as to the instant real estate, up to KRW 35 million, monthly rent of KRW 2 million (excluding value-added tax), and the lease agreement until October 19, 2019.

The Defendants, the Plaintiff, and F provided that the Defendants shall return the lease deposit amount of KRW 35 million to the Plaintiff, and F shall pay KRW 35 million to the Defendants, instead of paying KRW 35 million to the Defendants, F shall directly pay KRW 35 million to the Plaintiff.

E. The Plaintiff received a certificate of borrowing KRW 35 million from F on October 27, 2017, and the certificate of borrowing stated that “amount of borrowing: KRW 35 million, and for the purpose of borrowing: 25% of the amount of borrowing.”

F. The Plaintiff operated a private teaching institute on the instant real estate by the end of October, 2017, and transferred it to F.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The lease agreement between the Plaintiff and the Defendants regarding the instant real estate upon which the obligation to return the deposit arose was terminated by an agreement between the parties. Since the Plaintiff delivered the instant real estate to F, a new lessee on November 1, 2017, the Defendants are obligated to pay the Plaintiff the deposit amount of KRW 35 million and the delayed payment damages from November 1, 2017, barring any special circumstance.

B. As to the Defendants’ assertion.

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