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(영문) 서울중앙지방법원 2020.01.22 2019가단5129831
보증금반환
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from August 22, 2019 to January 22, 2020, respectively.

Reasons

1. Basic facts

A. The Plaintiff (former Mutual Co., Ltd.) as a party is a company that runs the business of arranging and vicariously acting for Oralba sales, and the Defendant is the owner of the building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. (1) On May 1, 2018, the Plaintiff entered into a lease agreement with the Defendant and the first floor E-56.5 of the instant building: (a) a lease agreement with the period from May 1, 2018, covering KRW 50,000,000, monthly rent of KRW 2,00,000, monthly management expenses, monthly management expenses of KRW 2,000,000, and the period from May 1, 2018 to April 30, 2020 (hereinafter “instant lease agreement”).

(2) On May 1, 2018, F entered into a lease agreement with the Defendant for the lease deposit of KRW 50,000,000, monthly rent of KRW 2,000,000, monthly management fee of KRW 2,000, monthly management fee of KRW 2,000, and period from May 1, 2018 to April 30, 2020.

3) The Plaintiff and F written lease agreement with the Defendant respectively. Article 11 of the contract provides that “The Plaintiff and F shall notify the Defendant in writing at the request of cancellation due to the lessee’s circumstances prior to the expiration of the contract, and the rent for two months after the date of notification, shall be borne by the lessee.” (C) On May 21, 2019, the Plaintiff sent to the Defendant a letter verifying the content that “the Plaintiff requested the termination of the lease agreement pursuant to Article 11 of the contract due to the Plaintiff’s internal circumstances,” “The Plaintiff sent to the Defendant on May 21, 2019.”

2. The parties' assertion

A. Since the Plaintiff’s instant lease contract was terminated by the Plaintiff’s notice of termination, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 50,000,000 and the damages for delay.

B. The Defendant does not independently conclude the instant lease contract with the Plaintiff, but rather, with the Plaintiff and F as a joint lessee, KRW 100,000,000 as the lease deposit for the first and second floors of this case.

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