logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.20 2017가단5200187
보증금반환
Text

1. The plaintiff's primary claim and the first and second conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. Around July 8, 2011, the Plaintiff entered into a sublease contract with G and H husband and wife who were the lessees of the above building with respect to the third floor F store of Gangnam-gu Seoul E-ground Commercial Building (hereinafter “instant building”).

In addition, the J, the representative of the I Co., Ltd., entered into a sub-lease contract with G and H couple with respect to the above building K stores at the same time.

(The above stores are referred to as "each of the stores of this case"). (b)

Around June 2012, Defendant C became a lessee of the instant building, and around June 2012, Defendant C, along with the Plaintiff and J, prepared a letter that Defendant C is responsible for sub-lease of each of the instant stores to the lessor of the instant building as a lessee.

In addition, Defendant C prepared a sub-lease contract between the Plaintiff and the Plaintiff with the content that the 30,000,000,000, monthly rent of KRW 3,000,000, and the period of sub-lease from May 24, 201 to May 23, 2015 with respect to the instant KS store, as to the instant KS store, Defendant C entered into a sub-lease contract with the J as to the 20,000,000, monthly rent of KRW 2,00,000, and the period of sub-lease from May 24, 2011 to May 23, 2015.

C. Defendant C, around June 2015, concluded a sub-lease contract between the Plaintiff and the Plaintiff with the content of KRW 75,000,000, monthly rent of KRW 4,000,00 for the instant F store, and Defendant C’s name as the representative of the I Co., Ltd and the Plaintiff’s Negation No. 2-1 contract does not appear to be the name of the lessee. However, in light of the same content of the Plaintiff’s written complaint and the Plaintiff’s domicile, the lessee stated in the said contract appears to be denied by the Plaintiff.

Between the departments, the sub-lease contract with the content of the sub-lease deposit amounting to KRW 75,00,000,000, monthly rent of KRW 4,000,000 was prepared for the KS stores in this case.

On June 1, 2017, the Plaintiff and M transferred each of the instant stores to Defendant C, and from Defendant C.

arrow