(영문) 서울남부지방법원 2017.05.11 2016나54990

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(영문) 서울남부지방법원 2017.05.11 2016나54990

보증금반환등

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On June 25, 2014, while the Defendant was operating a indoor screen golf range with the trade name “D” (hereinafter “instant place of business”) in the instant real estate as a lessee of the Yeongdeungpo-gu Seoul Metropolitan Building Underground Floor (hereinafter “instant real estate”) (hereinafter “instant real estate”), the Defendant concluded a sub-lease contract with the Plaintiff on August 21, 2014 to August 20, 2015 with respect to all the instant real estate and various equipment of the instant place of business, the deposit amount of KRW 120 million (20 million at the time of the contract, and KRW 10 million at the time of August 20, 2014), monthly rent of KRW 14,295,00 (the instant real estate:9,295,000, the instant place of business:500,000 won, and KRW 50,000,00 (hereinafter “instant contract”).

1. The sub-lease shall give a preferential purchase right to the sub-lessee at the time when the sub-lessee sells the principal goods during the contract period. If the sub-lessee sells them to a person other than the sub-lessee, the contract period shall be guaranteed

3. The sub-lessee bears monthly all the expenses (such as monthly rent, management expenses, taxes and public imposts incurred by the business of a building, four-year insurance premiums, sirens expenses, electric rental expenses, etc.) incurred by the operation of the instant business establishment, and deducts the balance from the passbook of the sub-lessee and the sub-lessee pays to the sub-lessee.

(6) At the end of the contract, the deposit shall be returned immediately after the sub-lessee offsets the account payable to the sub-lessee by the settlement of all the expenses incurred in the operation of the business site of this case by the date of the refund.

6-1. Provided, That a deposit of KRW 20 million, which is part of a deposit, shall be deposited and preserved by the end of September in order to offset a future tax invoice and accounts payable;

B. In the instant contract, the Plaintiff and the Defendant stipulated the following matters as special terms and conditions, and the Plaintiff paid KRW 120 million to the Defendant according to the instant contract.

C. The Plaintiff is the Defendant on August 20, 2015, the expiration date of the instant contract.

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