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(영문) 광주지방법원순천지원 2015.09.15 2015가단5846
임대차보증금반환
Text

1. The Defendant’s KRW 20,968,366 as well as the Plaintiff’s annual rate from April 23, 2015 to September 15, 2015.

Reasons

1. Basic facts

A. On April 11, 201, the Plaintiff entered into a lease agreement with the Defendant with regard to the lease deposit of KRW 30 million, monthly rent of KRW 500,000,000,000, and the lease term of KRW 24 months from April 5, 2011 (hereinafter “the initial lease agreement”).

Around that time, the Plaintiff paid the Defendant the deposit under the original lease agreement, and operated the restaurant at the instant store.

B. On September 201, 201, the Plaintiff opened a restaurant in another place and had Dong C, who worked at the instant store, take over the business registration in the name of the Plaintiff and reduced the tax burden arising from the possession of multiple business registrations.

On the condition that monthly rent is borne, this case’s store was operated.

C. On September 25, 201, the Defendant entered into a lease agreement with D on September 25, 201, under which the Plaintiff had operated the instant store on behalf of the Plaintiff, whereby the lease deposit was KRW 30 million with respect to the instant store, KRW 500,000 per month of rent, and KRW 24 months from September 25, 201 of the lease term (hereinafter “former lease agreement”).

D has changed the business registration name of the store of this case from the plaintiff to its own by using the changed lease contract.

On April 4, 2014, Defendant and D have increased the rent to 600,000 won per month while renewed a modified lease agreement.

On December 15, 2014 and January 12, 2015, the Defendant was served with D’s provisional attachment ruling on D’s lease deposit return claims based on the changed lease agreement upon the application of the NA and the NAN Credit Guarantee Foundation.

E. D discontinued the operation of the instant store on the wind to be used for cerebrovascular, and D’s overdue rent, public charges (electric, water, etc.) and cost of restoring to its original state (goods damaged and lost) based on the modified lease agreement that occurred until the time.

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