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(영문) 대구지방법원 2019.04.25 2017가단134994
보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 1, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C (hereinafter “C”) on the five-story building located in Daegu-gu, Daegu-gu (hereinafter “instant building”) from December 1, 2012 to November 30, 202, with a deposit amount of KRW 1.5 billion, monthly rent of KRW 70 million (excluding value-added tax) (hereinafter “instant lease agreement”). On December 4, 2012, the Defendant completed the registration of the establishment of lease on a deposit basis for the instant building from December 1, 2012 to November 30, 202.

B. On October 1, 2014, with the consent of C, the Defendant entered into a sublease contract with respect to the whole third floor of the instant building leased as above (hereinafter “instant store”) from October 1, 2014 to September 30, 2019, with a deposit of KRW 100 million, monthly rent of KRW 110 million (including value-added tax, and payment on the fiveth day of each month), and the Plaintiff paid KRW 100 million to the Defendant on September 30, 2014, with respect to the instant store on the following day: (a) the term of existence of the instant store from October 1, 2014 to September 30, 2019; and (b) the registration of the establishment of the right to lease on a deposit basis, and (c) the establishment of the right to lease on a deposit basis was completed at the instant store.

C. According to the terms and conditions of the sub-lease contract of this case, the guidelines for imposition of management fees, etc. separately determined by the defendant, other than this contract, shall have the same effect as this contract, and where the defendant imposes management expenses (such as electricity charges, gas charges, water supply and drainage charges, maintenance and repair expenses, repair expenses, general management expenses, and other expenses) calculated in accordance with the guidelines for imposition of management expenses, etc. on the plaintiff, the plaintiff shall pay the expenses within the designated date (Article 7) (Article 7). In the event that the plaintiff fails to pay his/her monetary obligation to the defendant under the above sub-lease contract, the overdue interest rate of 24% per annum shall be paid to the defendant as penalty

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