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(영문) 대전지방법원 2015.03.13 2014가단4344
임대차보증금
Text

1. The defendant shall pay 30 million won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On March 2, 2012, C Co., Ltd (hereinafter “C”) acquired the ownership of each sectional unit of the D Building No. 101 Dong-dong, Daejeon-gu, Daejeon-gu (hereinafter “K”)

B. C acquired the above aggregate building, removed the interior facilities of the building used as a hotel, sold and leased each partitioned building to the office, etc., and E exercised its authority as the actual operator of C, such as sales and lease.

C. E drafted a written agreement to the following effect (hereinafter “instant agreement”) with the actual operator of the Plaintiff (hereinafter “Plaintiff F”) and the representative director of G Co., Ltd. (hereinafter “G”) as to the following (hereinafter “instant agreement”)

(Preparation Name is C and G). G shall sell from C the above 701, 702 No. 171 of the building at an ordinary rate of KRW 2.8 million, and the sale price shall be paid with the loan within two months, and if the amount of the loan falls short of the loan, the balance shall be paid within six months, and if the loan is short, the building shall be ordered at the time of loan implementation, and G shall be paid to C an agreed amount of KRW 30 million.

Afterwards, the Plaintiff and G moved the house, etc. used by them in their previous offices to the above building 701,702, and on April 18, 2012, the Plaintiff changed the head office to 702 (hereinafter “instant building”) and G to 701, and directly occupied each of the above buildings and operated the business.

E. On April 19, 2012, H and E drafted, from C, a written contract from April 19, 2012, that the Plaintiff was awarded a contract for the interior works and rooftop waterproof works of the instant building with the contract amount of KRW 30 million during the construction period from April 20, 2012 to June 30, 2012 (hereinafter “instant contract”). G set the contract amount of the interior works and rooftop waterproof works as the contract amount of KRW 70 million during the construction period, and the contract period from April 20, 2012 to June 30, 2012.

(f) H and E also.

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