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(영문) 서울중앙지방법원 2019.09.19 2018가단5072082
임대차보증금
Text

1. Defendant B’s KRW 86.8 million and as to the Plaintiff, the amount of KRW 6% per annum from December 27, 2014 to September 5, 2019, and the following.

Reasons

1. The fact of recognition ① entered into a lease agreement for the use of business and sales facilities (hereinafter “instant lease agreement”) with the non-party E (hereinafter “non-party E”) who is the owner of the land in Gangnam-gu, Seoul (hereinafter “the instant land”) on April 5, 2008, for the lease deposit of KRW 600 million, and KRW 500 million out of the lease deposit shall not be refunded; the lease period shall be from September 20, 2008 to September 19, 2014; the lease period shall be from September 20, 2008 to September 9, 2014; the lease agreement for the use of the business and sales facilities (hereinafter “the instant lease”). The non-party, who is the title holder of the building permit, newly constructed the F building (hereinafter “the instant building”) of the size of five stories above the instant land in his name, and the non-party completed the registration of ownership on August 19, 209.

② On January 5, 2009, Defendant B and the Nonparty, upon the termination of the instant lease agreement, filed a lawsuit against the Nonparty on the following: (a) the delivery of the instant land and building to the Nonparty; and (b) the instant lease agreement terminated on September 20, 2014.

③ On May 16, 2012, the Plaintiff entered KRW 100 million in the instant sub-lease contract (Evidence A 4) and KRW 500,000 in the instant sub-lease contract (Evidence A4) between Defendant C and Defendant C, who represented by Defendant B on his/her behalf, the deposit amount is KRW 100,000,000. However, the deposit amount actually paid by Nonparty H (I) who entered into the immediately preceding sub-lease contract on his/her behalf by the Plaintiff is KRW 100,000,000.

The monthly rent of 2.750,000 won and management expenses (including additional taxes), and the period from June 4, 2012 to September 3, 2014, enter into a sub-lease contract (hereinafter “the instant sub-lease contract”) and operate the instant sub-lease with the trade name “G” in the former part of the instant vehicle after paying the said deposit to Defendant B, and is discovered as illegal employment of entertainment workers on August 2, 2014.

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