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(영문) 서울중앙지방법원 2020.10.29 2019가단5127538
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 3, 2010, a lease agreement was concluded between the lessee, the Plaintiff, and Nonparty C (hereinafter referred to as “Plaintiff, etc.”) and the lessor’s Defendant with the following main contents.

(1) Period: 4 years from April 2, 2010 to April 1, 2014; 2. For the purpose of use of the 7th floor E in the Gangseo-gu Seoul Metropolitan Government D ground buildings: Children's play area and food sale (F:) (4) lease deposit: KRW 100 million: Monthly rent: KRW 8 million (excluding value-added tax): The Plaintiff, etc., as a partner, paid a deposit amount of KRW 100 million to the Defendant, according to the provisions on the management expenses of the lessor (excluding value-added tax).

B. The Plaintiff et al. did not pay rent and management expenses for a period of four months from February 2, 2011 to May 201, on the grounds that the Plaintiff et al. is likely to be unable to receive a refund of the lease deposit even if the lease contract is terminated due to the Defendant’s poor management, aggravation of financial standing, etc

On June 2011, the defendant presented to the plaintiff, etc. the agreement that "The plaintiff, etc., in arrears 4,161,982 won in total until June 17, 201, 1, 4,905,760 won in overdue interest, and 2, as of June 1, 2011, 80,000 won (excluding additional tax)/ monthly rent was reduced from 80,000 won to 50% in June 1, 201, and 4,000 won (excluding additional tax)/ monthly rent was changed to 4,00,000 won as the plaintiff et al. accepted it.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) The plaintiff's cancellation of the partnership agreement with C, a partner, terminated the partnership agreement and completed the return of the investment amount to C (the state). This is all the above Lestop operation and the lease agreement of this case.

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