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(영문) 서울고등법원 2016.05.04 2015나2059847
보증금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 22, 2011, Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) holding office as the representative director entered into a lease agreement with the Defendant and the Defendant, setting the lease deposit of KRW 100,000,000 (excluding value-added tax), monthly management fee of KRW 65,500 (excluding value-added tax), monthly management fee of KRW 665,500 (excluding value-added tax), and period of lease from April 22, 2011 to April 30, 201, and thereafter paid KRW 100,000 to the Defendant.

B. On June 22, 2011, Plaintiff A entered into a lease agreement with the Defendant on KRW 100,500,000 for a lease deposit of KRW 100,000 for one year from the date of the rent for the month, KRW 4 million for a year from the date of the rent for the month, KRW 1,495,50 for monthly management expenses (excluding value-added tax), and KRW 2,000 for a lease term from June 22, 2011 to April 30, 201 (hereinafter “second lease agreement”), and thereafter, Plaintiff A paid KRW 10,000 for the Defendant the above lease deposit of KRW 10,00 for a second lease contract.

C. On August 30, 2012, Plaintiff A was detained in violation of the Punishment of Tax Evaders Act, etc., and was sentenced to two years and six months of imprisonment and fine 22 million won, and was released on September 30, 2014 while serving in prison.

[Reasons for Recognition] The facts without dispute, Gap's entries in Gap's Evidence Nos. 3, 4, 8, 9, 10, 11, 15, 17, 19, 20, 21 (including branch numbers, if any), Gap's Evidence Nos. 3 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. In the Plaintiffs’ lease agreement, there is clear reason that the lessee is unable to use or take profit from the leased object, and if the lessor was aware of it, the lease should be deemed terminated in accordance with the principle of good faith.

However, the plaintiff A, who is the lessee or the representative of the lessee of each of the lease agreements of this case, is bound by the judgment.

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