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(영문) 수원지방법원안양지원 2020.02.21 2019가단104080
보증금반환
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 19,816,667 and as a result, from November 2, 2018 to March 26, 2019.

Reasons

1. Facts of recognition;

A. On March 19, 2016, the Plaintiff entered into a lease agreement with the Defendants on a deposit amount of KRW 50,000,000, monthly rent of KRW 5,500,000 (including value-added tax separate, and value-added tax after April 2017), between April 11, 2016 and April 10, 2021, and at the same time, the Defendants agreed to the effect that “if the Plaintiff was delinquent on three occasions in the monthly rent or tax and public charges under the instant lease agreement, the Defendants may terminate the instant lease agreement without any separate peremptory notice.”

(hereinafter “instant lease agreement”). B.

After that, the Plaintiff failed to pay the Defendants KRW 2,50,000,000, the monthly rent of KRW 2,500,000 among the monthly rent for May 2018 under the instant lease agreement, and KRW 27,50,000,000 ( KRW 5,500,000 x 5 months) for five months from June 2018 to October 2018.

C. On October 14, 2018, before the expiration of the instant lease agreement, the Plaintiff terminated the business of the instant store, and thereafter did not use or benefit from the instant store at all.

On October 30, 2018, the Plaintiff listened to the purport that “the facilities of the instant store shall be installed for a contract with a new lessee” from Defendant C, and did not remove the instant store without being installed as it is.

E. On October 31, 2018, the Defendants: (a) delivered to the Plaintiff a written notification stating that “In the event that the Plaintiff did not pay monthly rent due to the Plaintiff’s delinquency in payment of monthly rent under the instant lease agreement by November 20, 2018, the Defendants would take legal measures, such as a building delivery lawsuit; and (b) served the Defendants with content certification (hereinafter “instant content certification”); and (c) such written notification on November 1, 2018.

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