logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.07.20 2017가단116171
보증금반환
Text

1. The Defendant’s KRW 7,529,505 as well as 5% per annum from July 8, 2017 to August 9, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 22, 2015, the Plaintiff entered into a lease agreement with the Defendant on the first floor of the Seocho-gu Seoul Metropolitan Government Ground Building C (hereinafter “instant store”) with a deposit of KRW 100 million, monthly rent of KRW 7 million (Additional tax separate), management expenses of KRW 500,000 (Additional tax separate), and the contract period from December 29, 2015 to December 28, 2017 (hereinafter “instant lease agreement”).

B. Meanwhile, the Plaintiff, at the Defendant’s request, remitted KRW 30 million in total, including KRW 6 million on December 25, 2015, and KRW 24 million on December 28, 2015, to D’s account, skid as the Defendant’s request, at the Defendant’s request, for the payment of premium for the instant store.

C. While the Plaintiff was operating a restaurant with the trade name “E” at the instant store, the Plaintiff did not pay monthly rent to the Defendant from January 2017, and on May 8, 2017, the Defendant filed a lawsuit seeking the delivery of the instant store on the grounds that the instant lease contract was terminated against the Plaintiff on the grounds that the rent was unpaid, and the Plaintiff filed a lawsuit seeking the delivery of the instant store.

(Seoul Central District Court 2017dan41802). D.

On June 30, 2017, the Plaintiff prepared a written confirmation of transfer and acquisition with respect to the instant store (hereinafter “instant confirmation”) with the Defendant as follows:

1. The transferor shall transfer to the transferee the right to all the facilities and goodwill of the store of this case as of June 30, 2017.

2. The transferee shall pay any balance remaining after excluding the unpaid rent of 37.5 million won (monthly 7.5 million won x the number of unpaid months) out of 100 million won of the rental deposit for the store of this case to the transferor.

3.The balance of the above 2 shall be paid to the transferor by the due date of 3-1 below.

3-1. The 3-1 Date above may be the date on which the transferee’s business registration certificate is issued.

E. On June 30, 2017, according to the instant confirmation, the Plaintiff delivered the instant store to the Defendant by transferring its business, and the Defendant registered its business regarding the instant store in the name of F on July 7, 2017.

arrow