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(영문) 부산고등법원 2019.05.22 2018나56582
보증금반환
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1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit is dismissed.

2.The change in this Court by exchange.

Reasons

Basic Facts

On April 28, 2017, the Plaintiff, a pharmacist, concluded a sublease contract between the Defendant and the Defendant, a pharmacist, to sublease the first floor E (hereinafter “instant shopping mall”) of the D building located in the Busan Seo-gu C (hereinafter “instant sublease contract”).

The main contents of the sub-lease contract of this case are as follows.

Real Estate Lease Agreement

1. Display of real estate C and 1st floor E;

2. Deposit for the contents of a contract: The rent of KRW 200 million: Differently depending on the rent for the use. To be paid on the 01st of each month following the use.

b. Duration: the special agreement between May 1, 2017 and April 30, 2019;

(a) A lessee shall pay 50 million won to the sub-contractor in order of 50,00 won when the rent for making use of the whole facilities within the pharmacy (any facilities installed by the sub-contractor, such as pharmacy interiors, pharmaceutical appliances, chairs, computers, monitors, etc.) free of charge and at the same time the rent for making a sub-lease 20,000 won when it becomes 3,000 won,500 won when it becomes 4,000 won when it becomes 4,000 won, and 50,000 won when it becomes 4,50,000 won when it becomes 4,000 won, and at the expiration of the sub-lease 7 days after the expiration of the sub-lease 10,000 won. The sub-lessee 10,000 won after the expiration of the sub-lease 10,000 won to the sub-lessee 30,000 won at the time of sub-lease 20,000 won

B. The rent of the sub-lease must be deposited into the Defendant’s account (limited to the acceptance of the deposit into the Defendant’s account).

(c)The monthly rent shall be paid in accordance with the preparation fees (including both insurance and non-insurance) corresponding to one month from the first day of each month to the last day of each month as follows. No monthly rent shall be paid until the preparation fees reach ten million won.

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