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(영문) 서울중앙지방법원 2015.02.12 2014가합545881
보증금반환
Text

The defendant shall pay 170,000,000 won to the plaintiff.

Costs of lawsuit shall be borne by the defendant.

Paragraph (1) may be provisionally executed.

Reasons

1. On April 10, 2012, Crink Group, Inc., Ltd., leased 11 to 19 floors among the buildings of the Arts Center located in Yangcheon-gu, Seoul (hereinafter “instant building”) in Yangcheon-gu, Seoul (hereinafter “the instant building”), which was owned by Han Arts Group, from the Federation of Korean Arts Organizations (hereinafter “Korea Arts Group”), and the lessee was changed on April 18, 2012 to the Defendant. Korea Arts Group consented to sublet the leased part of the instant building to a third party.

On the other hand, around December 2012, the Defendant sub-leaseed 1211 of the instant building to B’s employee B of the Plaintiff to KRW 170,00,000, and on August 8, 2014, the sub-lease was changed from B to the Plaintiff by agreement between the Plaintiff, B, and the Defendant.

However, the Korea-Japan General terminated the above lease contract on the ground of the Defendant's default of obligation under the above lease contract, and takes measures such as seeking the delivery of the sub-lease object to the lessee including the Plaintiff, etc., so the Plaintiff was unable to normally use the above 1211.

According to the above circumstances, the defendant, as a sub-lease under the above sub-lease contract, violated the obligation of the plaintiff, who is the sub-lessee, to use and make profits from the above 1211.

As such, the plaintiff terminates the sub-lease contract as a service of the copy of the complaint of this case.

Therefore, the defendant is obligated to pay the plaintiff KRW 170,000,000, which is the deposit for sub-lease (lease) under the above sub-lease contract, as the restitution following the termination of the above sub-lease contract.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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