(영문) 부산지방법원 2019.01.24 2017가단337020

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Reasons

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(영문) 부산지방법원 2019.01.24 2017가단337020

임대차보증금

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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from April 1, 2012 to January 24, 2019 to the Plaintiff.

Reasons

(b) the facts of the basis;

(1) On April 1, 2009, the Defendant leased (hereinafter “instant kindergarten lease agreement”) to the Plaintiff with the lease deposit KRW 100,000,000,000, monthly rent of KRW 180,000, and the lease period from April 1, 2009 to March 31, 2012 (hereinafter “instant kindergarten lease agreement”).

B. On April 1, 2009, the Defendant leased the building of G H childcare centers (hereinafter “instant childcare centers”) to the Plaintiff by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 450,000, and the lease period from April 1, 2009 to March 31, 2012.

Secondly, on February 23, 2009, the Plaintiff and the Defendant concluded a contract for the use of facilities and components as set forth below, and the Plaintiff paid the Defendant KRW 40,000,000 in total for each of the above facilities and equipment.

* Fees for the use of the kindergarten facilities and equipment of this case* KRW 30,000,000 for the use of the childcare center facilities and equipment of this case* the contract period of the use of Article 3,00,000 for the use of the facilities and equipment of this case for three years.

§ 7. Equipment; (including telephone); all equipment necessary for kindergartens and child care centers * special agreement

3. When the defendant transfers or takes over the above kindergarten and child-care center again, the user fee for the facilities and equipment paid by the plaintiff shall be recognized, and three-month membership fee (600,000) shall be recognized for the recruitment of the original student.

x. On March 31, 2009, the Plaintiff and the Defendant entered into an entrustment management agreement with the Plaintiff by April 1, 2012, under which the Defendant entrusted the operation of the instant kindergarten and the instant child care center, and agreed on the entrustment management agreement (Article 12) also that “When the Defendant purchases and sells the said kindergarten and the instant child care center or takes over the said kindergarten and the instant child care center again, he/she shall recognize the user fee for the facilities and equipment paid by the Plaintiff, and shall also recognize three-month membership fee for the recruitment of the original students (hereinafter “instant refund provision”).

(v) the Defendant’s kindergarten in this case to I around September 28, 2009.

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