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(영문) 서울중앙지방법원 2016.03.18 2014가합556492
보증금반환
Text

1. The Defendant’s KRW 155,750 as well as the Plaintiff’s annual rate of KRW 5% from November 21, 2014 to March 18, 2016.

Reasons

Basic Facts

The Plaintiff Company is a corporation whose purpose is to run the Korean-style store business, etc., and the Defendant is the owner of Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “instant land”) and the second class neighborhood living facilities with three floors of the general steel structure Pyeongtaek Gabro, Seoul Metropolitan Government (hereinafter referred to as the “instant building”).

On February 22, 2008, the representative director D of the Plaintiff Company entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 400 million on the building scheduled to be newly built on the ground of the instant land as KRW 20 million, monthly rent, and thereafter, paid the Defendant the said lease deposit amount of KRW 400 million.

On April 17, 2008, the defendant obtained a building permit from the head of Seocho-gu Seoul Metropolitan Government as the owner of the building of this case.

Since then, the owner of the instant building was changed to E Co., Ltd. (hereinafter “E”), for which the Defendant was a director, and accordingly, the approval for use of the instant building was made on May 2, 2008 by the owner of the building E.

On the other hand, E completed registration of initial ownership of the instant building on May 30, 2008.

Plaintiff

On April 8, 2008, between E and E, the company entered into a new lease agreement with the term from April 15, 2008 to April 14, 201, by setting the lease deposit amount of KRW 450 million, monthly rent of KRW 26 million, and the term of lease from April 15, 2008 to April 14, 2010. At that time, the company transferred the lease deposit amount of KRW 50 million to the foreign exchange bank account (Account Number F) in the name of the defendant.

On January 22, 2013, the Defendant completed the registration of ownership transfer based on sale on January 4, 2013.

Accordingly, while the Plaintiff Company had renewed the lease contract with E and used the instant building, on January 26, 2013, the lease deposit amount of KRW 500,000,000 for the instant building, KRW 23,90,000 for the tea month, management expenses (excluding value added tax), KRW 9,00,000 for the lease period (excluding value added tax), and the lease period of the instant building.

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