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(영문) 서울북부지방법원 2016.07.08 2016나248
계약금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The court of first instance against the plaintiff's monetary claim against the defendant in the scope of the judgment of this court accepted the claim for the return of the money already paid by the plaintiff to the defendant (13,00,000 won) and dismissed all of the remaining monetary claims. It is evident in the record that only the defendant has filed an appeal against the defendant. Thus, only the part of the claim for return of KRW 13,00,000, which is wholly accepted, is subject to the judgment of this court.

2. Presumption of premise;

A. On September 3, 2012, the Defendant leased a building moving on the ground of Gyeonggi-gu D (hereinafter “instant building”) from Gyeonggi-gu, Gyeonggi-do, as KRW 20 million to September 30, 2016, lease deposit amounting to KRW 20,000,00, and KRW 1,500,000, respectively, for the lease term.

B. On September 14, 2014, the Defendant subleted the above building to the Plaintiff who wishes to operate the above restaurant without C’s consent while operating the restaurant in the name of ar, who is the cafeteria in the above building.

(hereinafter referred to as “the sublease of this case”). The actual tax amount of KRW 20,000,000 for sublease deposit, KRW 10,000 for premiums, KRW 10,000 for premiums, and KRW 20,000 for premiums until September 15, 2014, and KRW 20,000 for premiums until December 15, 2014.

Provided, That upon the expiration of the contract period, the defendant shall refund 10,000,000 won out of the sublease deposit to the plaintiff.

In the event of the breach of the balance on December 15, 2014, the contract is terminated.

(This part is written as a hand, and the plaintiff's signature is written as a part. The actual contents of the tax shall be three years from September 15, 2014 to September 15, 2014 (it may be adjusted for a period of six months), monthly rent 1,500,000. The plaintiff shall not use the building as a restaurant and a car page, and shall not use it for any other purpose.

The actual contents of the special agreement: The trade name may be used by the F business registration certificate (Defendant), and the original defendant may be changed upon consultation.

The defendant shall not participate in the management and all other facilities management until the contract period expires.

Upon the expiration of the contract period, the original defendant shall jointly distribute (50% of all the amount invested) in consultation with each other.

(c).

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