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(영문) 전주지방법원 군산지원 2018.08.16 2016가단58046
보증금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. around March 2012, Defendant C and the Plaintiff shared the Plaintiff’s lease deposit and facility interior cost of marina business establishments, and Defendant C had to operate marina business establishments.

B. On March 21, 2012, Defendant C and the Plaintiff entered into a lease agreement with Defendant B, the owner of the Gunsan-si building and the 4th floor commercial building (hereinafter “instant commercial building”), as to the instant commercial building, the agent of Defendant B, who is the owner of the Gunsan-si building and the 4th floor commercial building (hereinafter “instant commercial building”), with the lease term from April 27, 2012 to April 26, 2014, with the lease deposit amount of KRW 50,000,000 per month (hereinafter “instant lease agreement”), and the Plaintiff paid the full lease deposit amount to Defendant B by April 27, 2012.

C. On April 11, 2012, the Plaintiff delivered KRW 63.5 million to Defendant C, including remitting KRW 20 million to Defendant C in terms of the interior cost of the instant shopping mall, by May 3, 2012.

Around May 18, 2012, the term of the instant commercial building was completed, and Defendant C entered into a sub-lease contract with the Plaintiff as to the instant commercial building from May 18, 2012 to May 18, 2014, with the term of the lease from May 18, 2012 to May 18, 2014, with the lease deposit amount of KRW 50,000,000,000, monthly rent was registered under Defendant C’s name and operated the marina business from May 18, 2012 thereafter.

E. While Defendant C was unable to pay the Plaintiff the amount of KRW 80,000 in early operation, and the amount of KRW 15,30,000 in addition to the amount of KRW 1530,000 in September 28, 2012, Defendant C, who was enrolled in the Plaintiff’s name, paid the amount of KRW 1.2 million per month of the fire insurance premium of the instant commercial building purchased under the Plaintiff’s name from May 2012 to March 2016

F. Around 2014, Defendant B entered into a lease agreement between Defendant C and the instant commercial building with a deposit of KRW 50 million on the lease deposit and KRW 1440,000 per month.

G. Defendant C is against Defendant B.

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