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(영문) 서울고등법원 2015.03.17 2014나37998
임대차보증금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for a judgment of the first instance shall be quoted by this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, the judgment on the plaintiff's assertion is added as follows.

2. Additional determination

A. The plaintiff asserted that since the plaintiff is in the position of partner who is not the tenant, and there was no agreement with the defendant to pay rent, the rent for the gas station of this case should not be included in the expenditure expenses for the operation of the gas station of this case, and if included in the rent, only 1/2 of the rent should be included in the expenditure expenses.

B. The facts and circumstances acknowledged by the first instance court are as follows: (a) the Plaintiff entered into a partnership agreement with D to operate a gas station jointly; (b) the Plaintiff set the lease deposit amount of KRW 500 million from the Defendant, KRW 17 million per month; and (c) thereafter, the Plaintiff and the Defendant entered into the partnership agreement with D to set the lease deposit amount of KRW 150 million per month; (d) the Plaintiff and the Defendant agreed to withdraw from the partnership; and (e) the Defendant’s assertion that the rent for the gas station of this case is KRW 150 million, KRW 17 million, and KRW 500,000,000,000 for the operation of the gas station of this case (the rent for the gas station of this case is similar to the rent for the gas station of this case which the Plaintiff and D agreed to operate together with the gas station of this case; and (e) the rent for the gas station of this case would be more than 00,000,000 won, which would be more than 200,0.

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