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(영문) 서울고등법원 2018.04.13 2017나2041567
약정금
Text

1. The plaintiff's appeal and each conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

On May 20, 2007, the Plaintiff’s mother, such as the relationship between the Plaintiff and the deceased, entered into a lease agreement between the deceased and the Defendant B, who is the wife of the deceased, with respect to the first floor, second floor, and third floor below the building located in Gangseo-gu Seoul Metropolitan Government I (hereinafter “instant building”) where the deceased and the deceased own 1/2 shares, and the term of the contract was from August 30, 2006 to August 29, 201, and the deposit was KRW 60 million (no monthly rent).

On June 30, 2009, the Plaintiff entered into a lease agreement with the Deceased and the first floor on the ground of the instant building 1 from July 1, 2009 to June 30, 201, with a deposit of KRW 5 million, and monthly rent of KRW 500,000,000.

(A) In fact, the Plaintiff entered into a lease agreement on the building No. 1 of this case with a deposit of KRW 100 million, monthly rent of KRW 10 million, and the Deceased proposed to separately use a written contract with no monthly rent as tax issues, and there is no evidence to acknowledge it). From August 30, 2006, the Plaintiff operated entertainment bars and accommodation facilities on the first floor, the second floor, the second floor, and the third floor of the building No. 1 of this case, from July 27, 2009, operated business registration for the single-type store business with the trade name “J”, and thereafter, operated business on the first floor of the building No. 1 of this case.

On June 30, 2009, the Plaintiff entered into a lease agreement with the deceased on the first to fifth floor of the building located outside K of Gangseo-gu Seoul Metropolitan Government, which was owned by the deceased (hereinafter “instant second building”), with the deposit amount of KRW 30 million from July 1, 2009 to June 30, 201, and the monthly rent of KRW 13 million.

(A) The Plaintiff argues that only the name of the Plaintiff was lent, and that the instant building No. 2 was not leased and used by himself, but there is no evidence to acknowledge this. From the national bank account (L) in the name of the Plaintiff’s mother H to the Defendant B’s account from November 9, 2006 to April 28, 2011, the Plaintiff is only 10 million won per time.

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