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(영문) 서울서부지방법원 2020.04.21 2019가단12339
보증금반환
Text

1. The Defendants jointly do so to the Plaintiff

A. From October 23, 2019 to April 21, 2020, KRW 41,09,173 and its interest.

Reasons

1. Basic facts

A. On May 29, 2017, Nonparty E leased the F apartment Type 2 G from Defendant B and Defendant C, a joint lessor of Eunpyeong-gu Seoul Metropolitan Government, KRW 30 million, monthly rent of KRW 2 million, and the lease period from June 17, 2017 to June 16, 2019. On the same day, Nonparty B and Defendant D, a joint lessee of the second floor H of the building, set the deposit amount of KRW 70 million, monthly rent of KRW 3 million, and the lease period from June 17, 2017 to June 16, 2019.

B. On October 16, 2018, the Plaintiff acquired the right of lease under each of the above lease agreements from E, and thereafter, the Defendants drafted a lease agreement with only the lessee changed from E to the Plaintiff.

C. Although the name of the lessor of each of the above lease agreements is inconsistent, the Defendants do not dispute whether the Defendants jointly assume the obligations under each of the above lease agreements with the land owner.

(hereinafter referred to as the “instant lease agreement” in general, and each of the above stores is referred to as the “instant store”). D.

On May 16, 2019, the Plaintiff requested the Defendant B, representing the Defendants, to extend the term of lease to recover the premium, and Defendant B responded thereto. At the time, the Plaintiff and Defendant B agreed to reduce the monthly rent of three months to KRW 4.4 million (including additional tax).

E. On July 17, 2019, the Plaintiff notified Defendant B that he/she will close his/her business on the same day, and sent text messages indicating that the monthly rent of 5,6, and July 3 ought to be applied to KRW 4.4 million. However, Defendant B agreed that the monthly rent of 3 months from June 17, 2019, which was extended, should be KRW 4.4 million, and thus, the Plaintiff would first go ahead of the agreement, without any room for application of reduction, applied KRW 5,500,00 as originally, and should be restored to its original state.

F. Meanwhile, the Plaintiff’s restoration to Defendant B.

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