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(영문) 서울중앙지방법원 2018.01.18 2015가합546652
임대차보증금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As of July 6, 2012 between Defendant C and the Plaintiff, Defendant C and the Plaintiff represented by Defendant B, respectively, leased lease deposit amounting to KRW 550,00,000, monthly rent of KRW 18,000,00 with respect to the entire part of the first, second and second floors underground among buildings owned by Defendant B (hereinafter “the instant building part”) from among the buildings, stores and neighborhood living facilities in Jung-gu Seoul, Jung-gu, Seoul, Seoul, as of July 6, 2012. The lease deposit amount was KRW 50,000,000; the intermediate payment was KRW 100,000,000; the remainder payment was made on July 18, 2012; the lessor transferred real estate to the lessee for the purpose of lease on July 30, 2012; the lease term was made on July 30, 2015; and the intermediate payment was made on July 30, 2015.

B. Even thereafter, Defendant C received an additional amount of KRW 335,00,000 from the Plaintiff by August 29, 2012, in addition to the said amount.

(A) Defendant C is a person with respect to the receipt of the above money.

On the other hand, as of August 12, 2012, between Defendant C and the Plaintiff, the Plaintiff leased the instant building portion of KRW 150,00,000, monthly rent of KRW 18,000 (Additional Tax Do), and the lessor, on August 30, 2012, transferred the leased real estate to the lessee for rent, and the lease term was set up by another lease agreement with the lessee until August 30, 2017.

[Ground of recognition] Evidence No. 1, Evidence No. 2, Evidence No. 4-1, No. 2, Evidence No. 1, and evidence No. 1, the fact that Defendant C is a person, and the purport of the whole oral argument

2. The parties' assertion and judgment

A. The Plaintiff’s claim against Defendant B and the primary claim against Defendant C are the facts of the claim against Defendant C and the primary claim against Defendant C. As seen earlier with Defendant C, the Plaintiff agreed to lease the instant building portion to KRW 550,000,000, and the monthly rent to KRW 18,000,000, as seen earlier.

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