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(영문) 인천지방법원 2017.12.15 2016가단249303
임대차보증금
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of 5% from October 8, 2016 to December 15, 2017, and the following.

Reasons

1. Facts of recognition;

A. On May 12, 2013, the Plaintiff prepared a sub-lease contract with Nonparty C with respect to the 8rd floor 217th floor of Yongsan-gu Seoul Metropolitan Government D building (hereinafter “instant shopping district”) and paid KRW 30 million to C, which was sub-leaseed for the 1 year sub-lease period.

B. C did not obtain permission from the Defendant for the contract at the time of the said sublease contract.

Accordingly, on July 27, 2013, the Plaintiff, the Defendant, and C set up a sub-lease contract with the Defendant, the sub-lessee, the Plaintiff, the person in charge of managing the Plaintiff, C, the person in charge of the sub-lease deposit, and the one-year sub-lease period of the sub-lease (hereinafter “the sub-lease contract in this case”) on the instant building (hereinafter “the sub-lease contract in this case”), and determined that “C shall return the deposit amount of KRW 30 million to the sub-lessee to the Plaintiff at the expiration of the contract.”

C. After the instant sublease contract, the Plaintiff returned KRW 15 million out of the sublease deposit paid to C, and paid it to the Defendant on December 13, 2013.

Since then, the sub-lease contract of this case continued to be renewed, which was terminated on October 7, 2016, due to the expiration of the lease term, and the plaintiff removed from the building of this case on the above date.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, Eul witness C's partial testimony, the purport of whole pleadings

2. The assertion and judgment

A. (i) After the conclusion of the Plaintiff’s argument on the assertion of additional agreement, the Plaintiff, the Defendant, and C made an agreement between the Plaintiff, and the Defendant that the Plaintiff paid KRW 30 million to C, which was paid by the Plaintiff to C, with the Plaintiff’s DaracC, and the Defendant paid KRW 15 million to the Defendant. (ii) The remainder of KRW 15 million was divided into the Defendant’s father-child and paid the Defendant. In accordance with the said new agreement, KRW 30 million was fully paid to the Defendant.

Since the sub-lease contract of this case was terminated, the sub-lease defendant is the sub-lessee to the plaintiff.

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