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(영문) 서울중앙지방법원 2017.06.30 2016가합505696
약정금
Text

1. Defendant C’s KRW 20 million and the Plaintiff’s annual amount from September 1, 2014 to February 16, 2016, as follows.

Reasons

1. Basic facts

A. 1) The Plaintiff is the first floor of the Gangnam-gu Seoul Metropolitan Government DD Building (hereinafter “instant first floor real estate”).

) The fourth floor of the same building and the same 4th floor (hereinafter referred to as “the fourth floor of this case”), and the first floor and the fourth floor of this case collectively referred to as “each real estate of this case.”

(2) The Plaintiff and F made a business agreement and a loan agreement on February 18, 2014 with the non-party F, who was promoting the business of operating the Go River with the Sungwon in the trade name of “Ewon.” Article 5-1 of the said agreement states that “The debtor (F) shall enter into a lawful contract for providing security to the creditor (Plaintiff) with the real estate owner, the creditor, and the debtor, within seven business days from the date of the withdrawal of the loan, with the right to refund the lease deposit related to the construction project. The total amount of the deposit to be returned shall be KRW 200,000 (Won 200,000).” (2) The Defendant C, who was the owner of each real estate of this case, entered into a lease agreement with the non-party F on the real estate of this case, and prepared the lease agreement in the name of the tenant under the name of the third party CF, the lessee of this case.”

According to the instant first contract, the lease deposit for the instant first floor is KRW 150 million; the rent is KRW 10.5 million per month; the management fee is KRW 2.75 million per month; the contract period is from March 14, 2014 to March 13, 2015; the lease deposit for the instant fourth floor real estate is KRW 50 million; the rent is KRW 58 million per month; the management fee is KRW 27.6 million per month; the contract period is from March 10, 2014 to March 9, 2015.

(hereinafter “The instant lease deposit”). 3,00,000 won in total of the lease deposit for each of the instant real property (hereinafter “the instant lease deposit”). On the other hand, the instant first contract is “a special agreement” and “the lease contract is terminated.”

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