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(영문) 서울북부지방법원 2017.06.01 2017가합21385
보증금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 16, 2001, Defendant A acquired the Defendants’ ownership of a building listed in the separate sheet (hereinafter “instant building”) and on January 4, 2013, Defendant B acquired 30/100 shares of the instant building, and Defendant C acquired 20/100 shares of the instant building. The Defendants are co-owners of the instant building.

B. Around December 12, 2012, the Plaintiff entered into a lease agreement and paid a deposit amount of KRW 1,00,000 with Defendant A, and the Plaintiff entered into a lease agreement with Defendant A to lease the instant building from March 1, 2013, monthly rent of KRW 22,00,000,000, and from March 1, 2013 to February 28, 2018. On the date of the contract, the Plaintiff transferred the down payment of KRW 1,00,000,000 out of the deposit to Defendant A’s account as of the date of the contract. (2) Upon Defendant A’s request, the Plaintiff entered into a lease agreement on the instant building with the same content as above, and entered into a lease agreement with the Defendants on February 10, 2013, under the name of the Defendants, from March 1, 200, KRW 300,000, KRW 3030,210,201.

C. After entering into the instant lease agreement with the Defendants, the Plaintiff, from April 2013, operated Agrodol brand D points in the instant building.

The Plaintiff, from October 2016, did not pay monthly rent to the Defendants from around February 21, 2017, issued a certificate to the Defendant A, stating that “The Plaintiff would terminate the instant lease agreement as of December 31, 2016, while paying the Defendant KRW 100,000,000, which is equivalent to 10% of the lease deposit, as a penalty, because it is difficult to continue its business operations.”

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