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(영문) 서울중앙지방법원 2018.11.02 2015가합511601
임대차보증금
Text

1. The Defendant’s each of the Plaintiffs’ KRW 100,000,000, as well as 6% per annum from February 1, 2015 to February 25, 2015.

Reasons

1. Basic facts

A. The Defendant and D’s sublease contract 1) From around 2005 to around 2005, the Defendant is a general steel structure (refinite) structure (refinite concrete roof) and 4-story car-related facilities (hereinafter “instant building”).

(2) A corporation G (hereinafter referred to as the “instant company”) operating a motor vehicle inspection business, comprehensive maintenance business, etc. at the same time leased from F as its owner.

(2) On May 19, 2010, the Defendant concluded a sub-lease contract with the effect that the 3, 4, and rooftop of the instant building will be sub-leaseed by setting the deposit amount of KRW 200 million, monthly rent of KRW 16 million, and the sublease period from June 20, 2010 to June 20, 2014.

(B) No. 1 and 2 (hereinafter “the first sub-lease contract”), and according to the name between the parties, among the instant buildings, the part of the sub-lease object is “the fourth floor maintenance shop” and the remaining parts of the instant company’s own business place are “the second floor maintenance inspection office”). 3) Meanwhile, D used the instant company’s business registration name in operating the fourth floor maintenance office. In order to settle tax issues related thereto, D stipulated the following special agreement (hereinafter “the first special agreement”).

The “sub-party” refers to the “Defendant”, and the sub-lessee refers to the “D” respectively. [Article 1 of the Special Terms and Conditions of the Sub-lease Agreement] The sub-party shall allow the sub-party to use the business registration of a motor vehicle maintenance factory registered in the previous real estate sub-lease, and the sub-lessee shall bear all the taxes and public charges, including the subsequent tax accounts. (The details of the tax to be imposed)

1. Value-added tax equivalent to 10% of a tax invoice or card generated;

2. Corporate tax equivalent to 5% of the sales.

3. Card fees generated.

4.There are various fees and expenses (including national pension, medical insurance, and industrial accident insurance) notified to the operation of the sub-lease. The sub-lease shall be the passbook used by the sub-lessee (National Bank H and the Industrial Accident Insurance Bank).

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