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(영문) 서울동부지방법원 2015.01.21 2014가단39672
점포보증금인수금등반환
Text

1. Defendant D: KRW 16,500,00 for the Plaintiff, KRW 22,500,00 for the Selection E and F, and KRW 11,250,00 for the Selection G, respectively.

Reasons

1. Basic facts

A. On May 2012, Defendant D entered into a lease agreement with the Plaintiff and the designated parties who run a store and credit in the private house in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant private house”). Defendant D received KRW 22 million from the Plaintiff, 22 million, E, and F, respectively, and KRW 30 million from the Selection and KRW 15 million from G.

B. On September 6, 2013, the Plaintiff and the designated parties, and Defendant C, and Defendant D drafted a letter stating that “The Defendant C and Defendant D promised to pay the Plaintiff and the designated parties 25% of the above private letter or deposit, and the remaining 75% of the balance shall be paid at 10% on the fifth day of each month from the net income except for the personnel expenses, management expenses, public charges, and all other operating expenses after opening, and the amount shall be paid at the expense of Defendant D, and the Plaintiff and the designated parties shall promise to dispose of the house, equipment, etc. they used within three days from the date of signing and sealing on each letter (hereinafter “each of the instant letter”).

C. According to the letter of this case, Defendant C returned an amount equivalent to 25% of the deposit to the Plaintiff and the designated parties, and the Plaintiff and the designated parties arranged the office fixtures, etc. after the formation of the letter of this case and withdrawn from the above letter of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The judgment on the claim against Defendant D (1) that the Plaintiff and the designated parties paid the security deposit under the lease agreement with Defendant D, and the fact that the Plaintiff and the designated parties collected the house, etc. and ordered the instant letter of friendship as stated in the letter of each case upon termination of the lease agreement between the above parties is not a dispute between the parties. Thus, barring any special circumstance, Defendant D is obligated to return the unpaid portion of the security deposit (75%) to the Plaintiff and the designated parties, barring any special circumstance.

(2) On this basis, the defendant.

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