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(영문) 대구지방법원 2020.02.13 2019나308950
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The Defendant entered into a lease contract between the Defendant and C (hereinafter “C”) on December 1, 2012, and the Defendant is C (hereinafter “C”).

2) From Daegu Jung-gu, Seoul (hereinafter referred to as the “instant building”) the fifth floor building located in D

B) From December 1, 2012 to November 30, 2022, the lease shall be determined as KRW 1,500,000,000, monthly rent of KRW 70,000 (excluding value-added tax) and leased (hereinafter “instant lease agreement”).

(2) On December 4, 2012, the Defendant and C completed the registration of lease on a deposit basis with the Daejeon District Court’s registry No. 29967, Dec. 4, 2012 as to the instant building and its site, which included the contents of the instant lease agreement from December 11, 2012 to November 30, 202. (2) On December 11, 2013, the Defendant and C concluded a settlement prior to filing a lawsuit, which reflected the contents of the instant lease agreement.

Daejeon District Court 2013 165 b)

1) On October 1, 2014, the Plaintiff and the Defendant entered into a sublease contract between the Plaintiff and the Defendant, with C’s consent, the entire three floors of the instant building (hereinafter “instant store”).

(1) Between October 1, 2014 and September 30, 2019, deposited KRW 100,000, monthly rent of KRW 10,000,000 (value-added tax separate, and payment in advance on the fifth day of each month) were determined and sub-leaseed (hereinafter “sub-lease agreement of this case”).

(2) On September 24, 2014, the Plaintiff paid KRW 100,000,000 to the Defendant for the sublease deposit, and completed the registration of the establishment of a pre-lease from October 1, 2014 to September 30, 2019 with respect to the instant building as the registration of the Daejeon District Court (Seoul District Court) No. 193763, Sept. 30, 2014; the term of the pre-lease deposit was from October 1, 2014 to September 30, 2019; the instant sub-lease business with the Plaintiff as the Plaintiff. (2) According to the instant sub-lease agreement, in addition to the instant sub-lease agreement, the guidelines for imposition of management expenses, etc. separately determined by the Defendant has the same effect as the instant contract; and (3) management expenses (such as electric charges, gas charges, water supply and drainage charges, water supply and drainage charges, repair expenses, general management expenses, and other expenses) calculated by the Defendant based on the guidelines for imposition

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