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(영문) 수원지방법원 2019.01.24 2017가단16828
보증금 및 공사대금 반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 6,967,485 to the Defendant (Counterclaim Plaintiff) and its related amount from October 27, 2017 to January 24, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and C agreed to operate the “D” store at Goyang-si, and C asked to identify the store to the Defendant who had a close friendly relationship with the Defendant.

The Plaintiff and the Defendant leased the store and decided to sublease the store to the Plaintiff.

B. Accordingly, on November 4, 2016, the Defendant leased part of the Hhodong-gu G Building H and I (hereinafter “instant store”) from the E and F, Goyang-si, Busan-si, Busan-si, and on November 17, 2016, sub-leaseed the instant store to the Plaintiff on November 17, 2016, and drafted a sub-lease contract with the Plaintiff with the following contents:

Deposits for sublease: Monthly rent of 20 million won: 7.5 million won: The period of sublease shall be from November 19, 2016 to November 18, 2017, the plaintiff shall terminate this contract when he/she fails to pay monthly rent at least once.

Provided, That the agreement shall apply where both parties agree.

The plaintiff shall make business registration under the name of the defendant, and shall bear all taxes incidental thereto.

[Provisions 2] Paragraph 2 of the Special Agreement. When the plaintiff delays the monthly rent at least once and ten days expire, the defendant may terminate this Agreement. In such cases, the plaintiff may withdraw the store of this case within five days after receipt of a verbal notice after restoration to its original state, and the defendant shall add a monthly rent equivalent to one month, and if the plaintiff fails to comply, settle this Agreement after deducting the monthly rent and expenses equivalent to one month from the deposit.

[Matters of special agreement] Paragraph 3. Where the plaintiff fails to strictly observe the contract term, the plaintiff shall pay 10 million won to the defendant a penalty for breach of contract.

[Article 4 of the Special Agreement]

The Plaintiff paid KRW 20 million to the Defendant for the sublease deposit, and requested the franchisor to “D” to perform the interior of this case to operate the “J store” after performing the interior of this case.

[Matters of special agreement] The above clause 2 is an additional clause that the defendant agreed not to sublet his/her lessor without permission, and the plaintiff has registered his/her business in the name of the defendant in accordance with the clause 2 of the special agreement, and credit card.

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