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(영문) 수원지방법원 2020.05.27 2015가합69009
임대차보증금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 600,000,000 as well as the annual interest thereon from April 14, 2017 to May 31, 2019.

Reasons

1. Basic facts

A. On November 14, 2014, D, the representative director of the Plaintiff, leased each real estate listed in the separate sheet from the Defendant (hereinafter “instant store”) from the Defendant to KRW 60 million, monthly rent of KRW 18 million (Provided, That the rent for the first year is KRW 16 million), and from February 1, 2015 to January 31, 2020.

After establishing the Plaintiff, D entered into a contract with the Defendant to change the lessee of the said lease to the Plaintiff (hereinafter “instant lease contract”), and the Plaintiff operated the set upon delivery of the said store.

B. The Plaintiff or the Plaintiff’s representative director D paid to the Defendant the sum of KRW 600 million as the deposit under the instant lease agreement, KRW 150 million on November 14, 2014, KRW 250 million on December 10, 2014, KRW 250 million on December 10, 2014, and KRW 200 million on January 19, 2015.

(hereinafter “instant lease deposit”). C.

On June 2, 2015, the store of this case completed the registration of ownership transfer in the future E on December 24, 2015, and the registration of ownership transfer with respect to each of the 1/2 shares to F and G was completed.

Since then, G leased the instant store to H on April 14, 2017.

On June 7, 2017, the Plaintiff transferred the right to refund the lease deposit of this case to the Intervenor succeeding to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10, 11 (including provisional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. On the Plaintiff’s claim, the Plaintiff terminated the instant lease agreement and claimed against the Defendant for the payment of KRW 600 million deposit and damages for delay.

However, as seen earlier, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the right to refund the lease deposit of this case to the Defendant, and the Plaintiff is no longer a creditor against the Defendant.

The plaintiff's claim is without merit.

3. Determination on the claims of the Plaintiff’s succeeding intervenor

(a)the lessor shall deliver the object to the lessee and use it during the duration of the contract;

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