(영문) 서울중앙지방법원 2017.11.16 2016가단5135613

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(영문) 서울중앙지방법원 2017.11.16 2016가단5135613

차임 등 지급청구의 소

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1. The defendant is against the plaintiffs:

(a) Each of KRW 21,614,975 as well as a year from May 21, 2016 to December 12, 2016.

Reasons

1. Facts of recognition;

A. On January 2, 2012, D entered into a lease agreement with the Plaintiffs on the second floor of the Seocho-gu Seoul Building located in the Seocho-gu Seoul Metropolitan Government as indicated in the separate sheet No. 1 (hereinafter “instant building”) (hereinafter “instant initial lease agreement”) with the Plaintiffs, stating that “The Plaintiff shared 1/2 shares, KRW 10 million, monthly rent 2200,000,000 won, and the lease period from March 2, 2012 to March 1, 2014,” and began to operate an office lease agreement with the name of “G private teaching institute” (hereinafter “instant private teaching institute”).

B. Around March 2013, Defendant and D agreed to continue the instant private teaching institute project under the name of the Defendant, and the Defendant and the Plaintiff again registered the Defendant as the founder and operator of the instant private teaching institute on March 21, 2013, with respect to the instant building on the following terms: “The lease deposit amounting to KRW 10 million, the lease period from March 21, 2013 to March 20, 2014; the monthly renting to KRW 220,000 (Provided, That the additional tax rateing to KRW 10,000,000, in total, KRW 100,000 per month, and KRW 2520,000 per month)” (hereinafter “instant re-lease agreement”); based on this, on March 29, 2013, the Defendant registered as the founder and operator of the instant private teaching institute.

C. On the other hand, on March 20, 2013, immediately before the conclusion of the re-lease contract of this case, the defendant and D agreed on the initial lease contract of this case with the plaintiffs as the lessee and agreed on the new lease contract with the defendant as the lessee (E). The defendant and D agreed on March 20, 2013, "it shall be treated as returning the existing lease contract deposit of KRW 10 million to the lessee (E), but the deposit amount of KRW 10 million for the re-lease contract of this case shall be paid in installments over four months since it was not actually paid, and if the contract of this case is not implemented, it shall be null and void (each part)."

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