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(영문) 서울북부지방법원 2020.08.27 2019가단9337 (2)
전대차보증금반환 및 손해배상금
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1. The Defendant’s KRW 20,600,000 as well as 5% per annum from October 4, 2019 to August 27, 2020 to the Plaintiff.

Reasons

1. On November 2016, the Plaintiff asserted that the Plaintiff entered into a sublease contract with the Defendant, and with respect to the Dcafeteria of the fourth floor of Dongdaemun-gu Seoul Metropolitan Government Building 40,000,000, 3,500,000, 3,500, 3,000, 3,000, 3,000, 3,000, 3,000, and 3,00,000, from October 11, 2016 to October 30, 2017, to which the said agreement is transferred from the Defendant.

At the time, the Defendant agreed to return KRW 7,500,000 to the Plaintiff at the time of termination of the sublease contract.

After that, the plaintiff operated the restaurant in this case. On January 2019, E management body, a lessor, conducted notification of termination of the lease contract, suspension of the lease, and suspension of the lease due to the failure to pay the management expenses of the defendant, a lessee.

As a result, the Plaintiff was no longer able to operate the instant restaurant, and eventually, the instant sub-lease contract was terminated by the Defendant’s responsibility, as it was subject to compulsory expulsion from the said management body.

On February 10, 2019, the Defendant agreed to pay to the Plaintiff KRW 20,60,000 remaining after deducting KRW 26,90,000 from KRW 47,50,00, including a sublease deposit, from KRW 26,90,00.

Therefore, the Plaintiff seek payment of KRW 27,50,000,000,000,000 as agreed amount from February 10, 2019, to the Defendant, plus KRW 7,500,00,000, to be returned at the time of termination of the instant sub-lease contract.

2. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 5 and 6, the Defendant deducted the Plaintiff on February 10, 2019 from the total sum of KRW 40,000,000 for sublease deposit under the sub-lease contract concluded around November 2016 and KRW 7,500,000 for equipment to be returned to the Plaintiff at the time of termination of the contract under the above contract. ① KRW 18,000,000 out of KRW 20,50,000 for the Defendant borrowed a loan from F Co., Ltd. under its own name to the Plaintiff; ② management expenses of KRW 3,50,000, KRW 3,000, KRW 200,000 for the management expenses of the pre-lease loan contract, ④ cleaning expenses of KRW 20,200, KRW 3200,000 for the remainder.

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