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(영문) 의정부지방법원 2019.10.17 2018가단109967
구상금
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 November 17, 2016, the Plaintiff concluded a lease agreement with C on the lease deposit of KRW 70,000,000, monthly rent of KRW 4,700,000 (value-added tax separate) on the fourth floor among D-owned buildings in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu (hereinafter “instant leased building”), and operated an entertainment drinking house by delivery of the instant leased building.

B. However, the Plaintiff paid 60,000,000 won out of the lease deposit, but did not pay the remainder of 10,000,000 won and monthly rent and management expenses, and requested the termination of the lease contract by a corporation to which the Plaintiff used to cancel the lease contract.

Accordingly, upon the Plaintiff’s consent on December 15, 2016, C leased the instant leased building to E as KRW 70,000,000, monthly rent of KRW 5,000,000, and period of lease from December 30, 2016 to December 24, 2016 (hereinafter “the lease agreement”). From E, C returned KRW 7,00,000,00 to the Plaintiff on the same day, who was paid the down payment of KRW 7,00,000,00 from December 16, 2016.

C. However, E also did not pay the remainder of the lease deposit KRW 63,00,000 even after the lapse of December 30, 2016, and C sent the document notifying the termination of the contract to E on March 27, 2017, by content-certified mail, and E delivered the instant leased building to C around June 2017.

On July 2017, the Plaintiff and C agreed to refund KRW 4,729,125, which deducts the amount payable to the Plaintiff for management expenses from KRW 60,00,000,00 for the lease deposit of the lease contract to be established by the Plaintiff, KRW 41,360,00 for the unpaid monthly rent from November 2016 to June 2017, KRW 41,360,00 for the unpaid monthly rent, KRW 6,510,875 for the management expenses from January 2017 to June 2017, and KRW 5,270,00 for the filing of the lawsuit, KRW 4,729,125 for the Plaintiff.

(hereinafter referred to as “instant settlement agreement”). (e)

Afterward, the Plaintiff’s down payment 7,00,000 won that the Plaintiff received from C is the down payment that the Plaintiff received while subleting the commercial building of this case to the Defendant.

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