(영문) 서울중앙지방법원 2019.12.12 2018가단5145140

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(영문) 서울중앙지방법원 2019.12.12 2018가단5145140

부당이득금

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1. The Defendant’s KRW 13,500,000 and the Plaintiff’s annual rate of KRW 6% from July 13, 2018 to December 12, 2019.

Reasons

1. Basic facts

A. On January 24, 2018, the Plaintiff entered into a sublease contract with the Defendant and part of the first basement in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant shopping mall”) on a deposit of KRW 35,00,000, and the monthly rent of KRW 2,500,000 (hereinafter “instant sublease contract”).

The main contents of the sub-lease contract of this case are as follows.

Article 4 (Term of Contract)

1. This Agreement shall enter into force on the date of duly signing and sealing by the sub-contractor and the sub-contractor, and the term of this Agreement shall be as follows:

(1) Article 5 (Loan Deposit) from March 26, 2018 to March 25, 2023 (five years)

1. The deposit for sublease shall be thirty-five thousand won;

2. The amount, payment date and payment method of the sublease bond shall be as follows:

(4) The amount and payment date of the sub-lease bond - 1,00,000 won on January 19, 2018 - 2,50,000 won on January 24, 2018 (contract deposit 2), - 31,50,000 won on February 1, 2018 or on the date of the commencement of the sub-lessee’s construction (pre-paid)

2.In the case of any of the following subparagraphs, the sub-lease shall notify the sub-lessee of the termination of this contract with the written notification thereof, demand the performance or correction thereof within a fixed period of seven days, and if the sub-lessee fails to comply therewith within seven days, the sub-lease shall cancel or terminate this sub-lease, the sub-lease shall confiscate the down payment of the sub-lessee, and in addition, the sub-lessee shall pay to the sub-lessee an amount equivalent to thirty percent of the total amount

When a sub-lease refunds a sub-lease deposit to a sub-lessee, he/she may deduct the amount of damages, unpaid rents, management expenses, and expenses for restitution from the sub-lease deposit.

(1) If the sub-lease contract is rescinded or terminated due to the contravention of the sub-lease contract prior to the commencement date of sub-lease, (2) if the sub-lease has not been paid at the expiration of seven (7) days after the payment date of all or part of the sub-lease deposit.

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