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Reasons
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(영문) 대전지방법원천안지원 2013.06.28 2012가합10815
임대차보증금
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1. The Defendant shall pay to the Plaintiff the full payment amounting to KRW 120,000,000 and interest, from November 17, 2012.

Reasons

1. Basic facts

A. On March 26, 2007, the Plaintiff entered into a lease agreement with C on a set of 120,000,000,000, and 24 months from April 30, 2007 during the lease period (hereinafter “the lease of this case”), and paid C the deposit amount of KRW 20,000,000 on June 5, 2007, KRW 30,000,000,000,000 around September 13, 2007, and KRW 17,000,000,000,000 around September 14, 2007, and KRW 300,000,000,000,000 around September 14, 2007, and KRW 200,71,71,717,71,700,000,000.

B. At the time of the Plaintiff’s conclusion of the instant lease agreement with C, C sold the instant private letter or building from Nonparty E Co., Ltd. (hereinafter “E”) in total at KRW 1,761,065,00 (the 7th floor of KRW 596,195,195,000, KRW 596,195,000, KRW 568,675,000, KRW 568,675,000), but only paid the down payment to E out of the said price.

C. Meanwhile, E was unable to complete the internal facility construction due to the shortage of construction costs, and due to this, C and E did not undergo the completion inspection of the instant commercial building, which agreed on February 19, 2007 (Evidence A No. 4) as follows.

E and C agree on the instant private letter or facility construction as follows:

1. E is the owner of A.I.D. D, and C confirms that it was a person who purchased the instant private letter from E and intended to engage in bath business.

2. E shall complete fire-fighting system installation works, etc. for the completion inspection of the above shopping mall, and C shall undertake the construction of various facilities necessary for the completion of the instant rain or bath business and the construction of facilities necessary for the bathing business.

To this end, E will cooperate with C in order to perform the above facility construction before completion.

3. Recognizing that the construction cost of facilities under paragraph 2 is the construction cost to be borne by E, the project owner.

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