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(영문) 부산지방법원동부지원 2016.09.20 2016가단2705
임대차보증금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendants jointly carry out buildings listed in the separate sheet from D (E).

Reasons

1. Basic facts

A. On March 4, 2013, the Plaintiff: (a) entered into a lease agreement with the Defendants to lease a commercial building (hereinafter “instant building”) entered in the annexed drawings located in Busan-gun G G in Busan-gun (hereinafter “instant building”); (b) around that time, the Plaintiff entered into a lease agreement with the Defendants to lease KRW 50 million per month; (c) operated the Schlage (hereinafter “HE”); (d) under the delivery of the instant building; and (e) entered into a lease agreement with the Defendants on KRW 30 million (hereinafter “CB”); (b) entered into a lease agreement with the Defendants on KRW 30,000,000,000,000,000,000 for KRW 70,000,000,000 for KRW 10,000,000; and (e) entered into a lease agreement with the Defendants on KRW 46,416,416,617, Sept. 25, 2014).

At the time of February 4, 2014, the Plaintiff decided to transfer all of the instant Schlage’s business facilities to D, who was an employee of the Plaintiff, to KRW 100 million. Of the deposit KRW 100 million, KRW 30 million out of the deposit KRW 100 million, the Plaintiff paid up to March 20, 2014, and the remainder of KRW 70 million in a separate lawsuit will be observed in the future and discussed again. At that time, D transferred the instant Schlage from the Plaintiff to its operation.

E. When the separate lawsuit was concluded against I on the ground that F illegally transferred the claim for the return of deposit, the Plaintiff, D, and the Defendants drafted a performance agreement note (hereinafter “each of the instant notes”) with the following content on October 22, 2015.

The deposit for rental of the area of 190.46 square meters in Busan Metropolitan City, Busan Metropolitan City, and the first-class neighborhood (retailing store): The amount of KRW 100,000: the above.

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