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(영문) 대구지방법원 2018.01.12 2017가단108155
보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 41,395,200 and interest rate of KRW 15% per annum from April 4, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. 1) Nonparty C Co., Ltd. (hereinafter “C”).

On June 11, 2002, the Defendant’s side D and Daegu Suwon-gu E (hereinafter “instant land”) 330.1 square meters (hereinafter “instant land”).

(2) On July 3, 200, a lease contract was entered into between KRW 5 million, KRW 7.2 million, KRW 7.2 million, and the lease term from June 15, 2002 to June 14, 2004 with respect to the above lease contract. The lease contract stated that the lessee may rebuild or alter with the approval of the lessor, but shall restore it to its original state at the expense of the lessee (Article 4) prior to the date of return of the land, and that the lessee bears the burden of property tax and all kinds of public charges and economic charges on the land. (2) C entered into a special agreement with the owner of the building on July 3, 200, under the name of the owner of the building on the land of this case as D with the permission for new construction of a warehouse on the land of this case, and newly constructed a warehouse on its own expense, and obtained the approval for use of the above warehouse on August 1, 2002.

3) On June 12, 2004, C entered into a lease agreement again with D on June 12, 2004, with a deposit of KRW 5 million, KRW 11 million for 24 months, and KRW 24 years for lease term, and KRW 4,000 for property tax and various public charges to be borne by lessee. 4) C concluded a lease agreement again with D on June 19, 2006, which is identical with D, and KRW 14,40,00 for rent. 5) C concluded a lease agreement again on July 1, 2008 with a deposit of KRW 5 million for the instant land, KRW 8,40,00 for 12 months for rent, and KRW 12,000 for the previous lease term, and did not enter into a special agreement on the burden of property tax and public charges such as the previous lease agreement.

On the other hand, D paid taxes and public charges on the warehouse of this case from July 1, 2008.

6) C concluded a contract with D on June 18, 2009 under the same terms and conditions as D and 4).

7 C on June 18, 2010, deposit money of KRW 5 million for D and the land in this case, and the rent of KRW 5 million.

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