(영문) 인천지방법원 2017.09.13 2017가단307

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(영문) 인천지방법원 2017.09.13 2017가단307

임대차보증금반환등

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1. Defendant B shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from May 18, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 7, 2015, the Plaintiff entered into a sub-lease contract (hereinafter “sub-lease contract”) under the agreement of Defendant B, the heir of the network G (the deceased on April 29, 2015, hereinafter “the network”) (the heir of the deceased on April 29, 2015, KRW 30,000, monthly rent of KRW 1,600,000, and the period from September 14, 2015 to September 13, 2017, with the agreement of Defendant B, which is the owner of the said real estate.

B. On the other hand, Defendant C prepared a lease agreement (No. 5-1) that is identical to the above sub-lease agreement and delivered to the Plaintiff on the same day as that of the above sub-lease agreement.

C. In addition, on September 5, 2015, prior to the date of the preparation of the above contract, the Plaintiff and the Defendants drafted a letter of commitment stating that “The sub-lease contract with the lessee (one inheritor) was concluded with the lessee with the consent of the lessee, the lessee succeeds to the same rights and obligations as the lessee, and the lessee succeeds to the lease contract as at the time when the legal lawsuit is concluded (i.e., the time when the lessor becomes final and conclusive).” (A evidence 2(A) is the same as the evidence No. 3 and B(2).).

The Plaintiff paid KRW 30,00,000 to the sub-lease D after the instant sub-lease contract, and paid to the Defendant the monthly rent up to January 2016 while operating F in the instant real estate.

E. Meanwhile, due to disputes between Defendant B and the deceased’s co-inheritors, the instant sublease contract was terminated by implied agreement between the Plaintiff and Defendant B around February 2016, and the Plaintiff did not operate F in the instant real estate since February 2016.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. Determination as to the cause of the claim

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