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(영문) 서울중앙지방법원 2017.09.08 2016가단5193671
임대차보증금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 153,751,657 and the interest rate thereon from July 13, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On August 13, 2013, Dong image Co., Ltd. (hereinafter “Dong image Co., Ltd”) entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) and D on a period of two years from September 12, 2013 with respect to the 32 household units on the 6th floor of Gangnam-gu Seoul E building (hereinafter “the building of this case 32 household”) (hereinafter “instant lease agreement”). The lease agreement was concluded between September 12, 2013, the deposit amount of KRW 150 million, and the monthly rent of KRW 35920,00 (hereinafter “instant lease agreement”).

B. Article 2 of the instant lease agreement provides that “The lessee shall use the instant 32-household building as a residential house (the string house, the corporation’s accommodation, the travel accommodation),” and Article 7 provides that the lessee may not engage in any conduct that infringes on the lessor’s rights, such as subleting the instant 32-household building to a third party or transferring the right of lease.

In addition, there is an agreement between the lessor and the lessee. (The tenant may consult with the lessor.).

C. As the broker of Defendant C, the Plaintiff is the E-building No. 621 et al. among the 32 household buildings of this case between Defendant B and Defendant B.

B Deposit KRW 120,000,000 and the period from January 21, 2015 to January 20, 2016, hereinafter referred to as "the sub-lease contract of this case" is the sub-lease contract of this case.

(B) Upon entering into this Agreement, Defendant B paid the deposit of KRW 120 million (a contract deposit of KRW 12 million, a balance of KRW 18 million, and a balance of KRW 18 million).

Article 7 of the Sub-lease Contract of this case provides that "If a lessee or lessee has failed to fulfill the terms of this contract, the other party may notify in writing the person who has failed to perform the contract and cancel the contract. In addition, the party to the contract may claim the compensation for damages arising from the cancellation of contract to the other party, and the contract deposit shall be deemed as the basis for compensation for damages unless otherwise agreed.

E. At the time of the sublease contract of this case, Defendant C shall be the Plaintiff’s real estate.

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