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(영문) 인천지방법원 2017.01.13 2015가합53670
전차보증금반환
Text

1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) KRW 400,000,000, and KRW 200,000,000 for the Plaintiff (Counterclaim Defendant) B and D, respectively.

Reasons

1. Facts of recognition;

A. On November 14, 201, the Defendant: (a) concluded each lease agreement (hereinafter “instant lease agreement”) with the non-party Latna Co., Ltd. (hereinafter “Satna”), setting the lease deposit amount of KRW 300,000,000, monthly rent of KRW 11,000,000, and the lease term of KRW 14,000,000, from August 23, 202 to August 23, 2022, with respect to part of the shopping mall in the name of “G” located in the name of “S”, which is owned by Seoatna, Yeonsu-gu, Incheon (hereinafter “Satna”).

On November 10, 2011, Western Liendi comprehensively approved that the Defendant concluded a sub-lease contract with a third party for the purpose of attracting the subject matter of the lease as a result of the imposition of the charge, the transfer of the charge, dental surgery, dental surgery, sex surgery, internal medicine, pharmacy, etc.

B. After that, the Defendant entered into each sub-lease contract (hereinafter “each sub-lease contract of this case”) with the Plaintiffs with respect to the leased object of this case as indicated below, and accordingly, delivered and paid each sub-lease object and the deposit for sub-lease to each other.

Each sub-lease of this case shall be referred to as "each sub-lease of this case" in total of the respective areas of use areas.

The term "each sub-lease deposit of this case" is referred to as "each sub-lease deposit of this case" in total of each sub-lease deposit on the date of contract conclusion.

(H) On April 9, 2012, Plaintiff A and April 2012, 200,000,000,500,000 to August 24, 2012, through August 23, 2019, Plaintiff B Dental on March 8, 2012, 20,000,005,00 to 5,000,000,000 to 0.0,000 on October 5, 2012 to 10,000,000 or on October 4, 2019, Plaintiff C, 132.10,000,000 or 50,000,00 or 132.0,000,000 or 50,000 or more of the Plaintiff B’s pharmacies on August 16, 2012;

On the other hand, Western on April 9, 2014, Article 31(1) of the instant lease agreement was “Seimandi” before six months.

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