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(영문) 수원지방법원평택지원 2016.08.11 2015가합2098
임대차보증금
Text

1. The defendant shall pay 150,000,000 won to the plaintiff jointly with C and D.

2. The plaintiff's remaining claims.

Reasons

1. Facts of recognition;

A. On August 1, 2012, the Plaintiff entered into a lease agreement with D (hereinafter “instant lease agreement”) stating that deposit is KRW 150,000,000, monthly rent of the lessee with respect to static Cer under subparagraph 101 of the building E in Ansan City, and that the lessee’s monthly rent is 10% of the monthly sales, and that the lease period is one year from August 1, 2012, and paid KRW 150,00,000 to the non-party company around that time.

B. On September 14, 2012, the Defendant and the representative director of the non-party company C jointly and severally guaranteed the obligation to return the above lease deposit to the Plaintiff of D Co., Ltd.

C. After that, the Plaintiff and the Nonparty Company agreed to increase the deposit amount of the instant lease agreement to KRW 250,000,000.

On December 5, 2012, the Plaintiff deposited KRW 100,000,000 for additional deposit as a deposit account under Defendant C’s name, and C around that time, jointly and severally guaranteed the obligation to refund deposit amount of KRW 250,000,000, including the above KRW 100,000,000.

On December 5, 2014, the Plaintiff notified the non-party company of the termination of the instant lease agreement and served around that time.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease relationship between the plaintiff and the non-party company was terminated three months after the plaintiff's intention of termination was delivered. Thus, the defendant is jointly and severally liable with the non-party company and C to pay KRW 150,000,000 to the plaintiff.

B. The Plaintiff asserts that the Defendant also jointly and severally guaranteed the obligation to refund the lease deposit amount of KRW 250,000,000, including KRW 100,000,000,000, which was additionally paid by the Plaintiff around December 5, 2012.

According to the statements in Gap evidence No. 2, it was prepared between the plaintiff, the non-party company, C, and the defendant.

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