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(영문) 의정부지방법원고양지원 2013.04.19 2011가단47674
임대보증금반환 등
Text

1. The Defendant’s KRW 9,00,000 and the Plaintiff’s annual amount of KRW 5% from December 17, 201 to April 19, 2013, respectively.

Reasons

1. Facts of recognition;

A. A. On March 3, 2005, Nonparty C leased all the daily commercial buildings of the building located in Gangwon-gun E from Nonparty D on March 3, 2005. (2) On June 25, 2007, Nonparty C, the spouse of Nonparty C, and Nonparty F on the leased part of the daily commercial building in Gangwon-gun E (hereinafter “instant commercial building”), deposit amounting to KRW 30,000,000, monthly rent amounting to KRW 1,500,000, monthly rent amounting to KRW 32 months. On November 2, 2007, the agreement between the Plaintiff and the Defendant was prepared for the commercial building of this case, KRW 30,000,000, and KRW 100,000,000, and KRW 10,50,000 (hereinafter “instant commercial building”).

3) On November 3, 2007, the Plaintiff remitted 30,000,000 won to Nonparty F. Since that time, the Plaintiff occupied the instant commercial building and operated its business after registering its credit business on January 2, 2008. 4) After February 2, 2008, the Plaintiff entered into a pre-loan agreement with Nonparty G for a deposit of KRW 30,000,000 for the instant commercial building, and the monthly rent of KRW 1,50,000 for the instant commercial building, and then transferred the instant commercial building to Nonparty G after receiving KRW 20,00,000 from Nonparty G for a deposit of KRW 1,50,000 for the instant commercial building. At that time, Nonparty G operated its credit business in the instant commercial building from that time.

B. 1) After the formation of the contract of this case, the Defendant terminated the sub-lease contract entered into with Non-Party F on January 10, 2008, the Defendant sent to Non-Party F and the Plaintiff a content-certified mail to the effect that the contract of this case was null and void, and thus, the contract of this case entered into with the Plaintiff was sent to Non-Party F and the Plaintiff respectively. On the other hand, on February 24, 2008, the Defendant transferred the commercial building of this case to Non-Party G because the Plaintiff was not a legitimate sub-lessee. Accordingly, on March 26, 2008, the deposit money for Non-Party C and the commercial building of this case was 30,000.

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