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(영문) 서울동부지방법원 2020.05.08 2018가단141696
보증금반환
Text

1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of KRW 15% from December 8, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On July 21, 2003, C Co., Ltd. (hereinafter “C”) leased 186.06 square meters of the first floor (hereinafter “instant commercial building”) from the Defendant’s six-story building located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant building”) owned by the Defendant, for a fixed term of two years, among the six-story buildings located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant building”) and operated the instant commercial building sales business (hereinafter “instant business”).

B. E Co., Ltd. (hereinafter “E”) took over the instant business from C, and leased the instant commercial building from the Defendant on July 21, 2005, setting the lease term of two years, and concluded a lease agreement with each Defendant on July 21, 2007; and on July 21, 2009; and on July 15, 201, each Defendant continued to operate the instant business in the instant commercial building.

C. The F Co., Ltd. (hereinafter “F”) took over the instant business from E, and leased the instant commercial building from the Defendant on November 21, 2012, by setting the lease deposit amount of KRW 150 million, monthly rent of KRW 3530,000,000, and the lease term from November 21, 2012 to November 20, 2014.

The Plaintiff operated the instant business on November 21, 2014 when the Plaintiff acquired the instant business from F and the facilities installed F remain as they remain. On November 21, 2014, the Plaintiff continued to lease the instant commercial building by setting the lease deposit of KRW 70 million from the Defendant, monthly rent of KRW 353,000,000 from November 21, 2014 to November 20, 2016. On November 21, 2016, the lease deposit was changed to KRW 10,000,000 and monthly rent was changed to KRW 280,000,000, and the lease term was set from November 21, 2016 to November 20, 2018.

E. On November 21, 2014 and November 21, 2016, the details of a lease agreement entered into with each Defendant on November 21, 2016 concerning the restoration to the original state are as follows:

(A) Nos. 1 and 2, and a series of lease agreements entered into between the Plaintiff and the Defendant (hereinafter “instant lease agreements”). Article 14.

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