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(영문) 서울동부지방법원 2017.01.24 2016가단106958
임대차보증금
Text

1. The defendant jointly with C, D, and E shall pay KRW 3,589,041 to the plaintiff.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 5, and purport of the whole pleadings);

A. On November 15, 2012, a game marketing and development technology business company (hereinafter “non-party company”) entered into a lease agreement between the Defendant and the non-party company, who was the sectional owners of the F1 floor B1 floor B77 of the building and four other (hereinafter “instant store”) in Sungnam-si, Sungnam-si, and the non-party company entered into a lease agreement between the non-party company and the non-party 57 and the non-party company, setting the instant store as KRW 50 million, monthly rent, three million, and the duration from December 7, 2012 to September 30, 2015. The non-party company paid the Defendant the deposit deposit amount of KRW 50 million under the said lease agreement, and operated the PC with the delivery of the instant store.

B. Around January 2014, the non-party company concluded a lease agreement with the non-party company and the non-party company between the defendant and the non-party 56 on the lease deposit amounting to KRW 50 million (in succession to the existing lease deposit amounting to KRW 50 million), monthly renting to KRW 50 million, from February 1, 2014 to January 31, 2018; the non-party company complies with the management regulations of the commercial building; the non-party company succeeds to the terms and conditions of the transfer; the monthly rent from February 2015 to KRW 1 million; and the defendant, the co-owned share owner of the non-party, determined the lease agreement as the representative of the non-party company (hereinafter “the related lease agreement of this case”); and the non-party company operated the bank at the store of this case in accordance with the relevant lease agreement of this case.

C. 1) On July 14, 2015, the Plaintiff entered into a PC transfer agreement between the non-party company and the non-party company with the content that the Plaintiff takes over the GPC transfer business from the non-party company. The Plaintiff paid KRW 135 million in total, and KRW 185 million in total, the rental deposit amount of the instant related lease contract. Accordingly, the Plaintiff remitted the non-party company KRW 185 million in total, and KRW 185 million in total, on July 14, 2015, to the non-party company.

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