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1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. All costs of appeal including principal lawsuit and counterclaims.
Reasons
1. Facts of premise;
A. (1) The Defendant is an individual entrepreneur who has opened a three deputy chiefs of the same trade name called “C” (C) in 9 Seoul, Suwon, Incheon, etc., including the Deputy Director of Home Plus Co., Ltd. (hereinafter “ Home Plus”).
B from September 1, 2008, the Defendant: (a) leased part of the first underground floor from the Home Plus to the Home Plus on the lease deposit of KRW 5,00,000, and the monthly rent of KRW 15,00; and (b) leased the lease deposit of KRW 5,000,00; and (c) sublet it upon receiving the premium, etc. from G.
Around March 1, 2013, the Defendant renewed the lease on March 1, 2013 or February 28, 2014 (hereinafter referred to as “the lease of this case”), including the monthly rent of KRW 1,375,00 (including value-added tax) raised with the Home Plus, and the transfer, sub-lease, etc. of the lease of this case is the reason for termination of the lease.
Around April 16, 2013, the Plaintiff proposed that he would operate the Vice Director General of the Supreme Court of Korea, and the Defendant entered into a three Vice Director of the Supreme Court of Korea (hereinafter referred to as the “Co-Defendant”) with the Home Pursuant to G’s understanding, without the Home Plus consent of the Home Plus.
(v) Meanwhile, in accordance with the key contract, the Plaintiff is entitled to “lease deposit” in the 5,00,000 won for sublease and the 77,000,000 won for business start-up. However, the part on the real estate itself in the key issues of the contract constitutes a sublease contract and its substance constitutes a sub-lease contract, and thus, the Plaintiff states that “lease deposit” is deemed as a “lease deposit” for convenience distinction between the Defendant and the Home Plus.
On the other hand, the contract includes 82,000,000 won for business start-up, but there is no dispute between the parties that 5,000,000 won is a security deposit for lease.
A total of 82,00,000 won was paid to G, which is a previous operator, and the defendant paid 65,000,000 won, which is a part of them, as premium.
The main contents of the contract are the actual contents.