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(영문) 의정부지방법원 2018.09.07 2017가합54852
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 197,50,000 and the interest rate of KRW 15% per annum from August 18, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On April 10, 2015, the Plaintiff entered into a contract for the lease of 500 square meters among C and its ground buildings (hereinafter “instant real estate”) (hereinafter “instant contract”) from the Defendant in Namyang-si (hereinafter “instant real estate”). The main contents are as follows.

The object of lease: Deposit of approximately 500 square meters (former D Site): the lease period of KRW 200 million: the special agreement from April 10, 2015 to April 10, 2018: this agreement shall not interfere with the business of the defendant, and if necessary for the progress of the E business, this agreement may be temporarily closed and the present facilities may be removed.

- The term of this contract is three years on the basis of the actual business day, not until April 10, 2018.

(The basis is to extend the period of suspension of business due to the progress of the E business during the contract period). In the case of the same terms and conditions after the expiration of the contract period, the plaintiff shall be given priority to the contract.

- This contract does not guarantee the restaurant business of the plaintiff under a lease agreement of land and building.

If the plaintiff's restaurant business occurs, all profits and responsibilities (administrative and civil petition) arising from the plaintiff's restaurant business are the plaintiff.

B. The Plaintiff paid KRW 200 million to the Defendant under the instant contract No. 1, and paid KRW 60 million in advance on April 2015.

C. On October 7, 2016, the Plaintiff entered into a contract with the Defendant to lease the instant real estate from April 20, 2017 to September 5, 2017 (hereinafter “instant contract”) after receiving a refund of KRW 130 million out of KRW 200 million from the deposit for lease deposit under the instant contract 1.

On October 24, 2016, the Plaintiff paid the Defendant KRW 80 million as additional lease deposit, and KRW 30 million on February 9, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5 (including those with serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

(a) claim the return of rent;

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