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(영문) 서울중앙지방법원 2015.12.09 2015가합527781
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of 67/100 shares of the 2nd floor of the building in Seongbuk-gu, Sungnam-si (hereinafter “instant store”).

The plaintiff is a corporation that has its head office in Seocho-gu Seoul Metropolitan Government D and 2207 and engages in franchise business, etc., and the business registration number is E.

A lessor: A lessee of a G lease: A lease deposit from December 18, 2013 to December 31, 2016: The rent of KRW 200,000 to December 31, 2016: From December 18, 2013 to December 31, 2014: 20,500 won (excluding value-added tax) on November 11, 2015 to December 31, 2016: 15,000 won (excluding value-added tax), monthly management fees of KRW 15,00 (excluding value-added tax), electricity fees and water fees: The rent of KRW 200,00: The rent of KRW 20 to December 31, 201 and the late payment period of KRW 15,00 for the purpose of the lease (see Article 14: the late payment period of the lease).

Article 4 G of the Special Agreement provides that (State) AK (Business Number: E) representative shall be requested to sublease the same place leased to the defendant, and the defendant shall be requested by G.

However, G (State) the representative of AK (Business Number: E) is a sub-lessee but the sub-lessee is to comply with the terms of this lease agreement entered into with the defendant as the same as that of the sub-lessee G, and if the (State) representative of AK (Business Number: E) violates the terms of this lease agreement entered into with the defendant or fails to pay rent, management fee, late charge, etc., G agrees to pay to the defendant without civil or criminal objection on behalf of the sub-lessee AK (Business Number: E) representative.

B. On December 17, 2013, as the Defendant’s spouse on December 17, 2013, F and H are present at the attending of F and G’s spouse, the agent of the Plaintiff, as the Plaintiff’s director.

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