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(영문) 인천지방법원부천지원 2015.10.28 2014가단29300
월세보증금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 60,432,065 and Defendant B with respect thereto from September 7, 2014; and Defendant C with respect to the same.

Reasons

1. Basic facts

A. A. Around December 12, 2008, D entered into a contract with the Plaintiff on the lease of the part of “B101” 132.232 square meters of “B101” in subparagraph 101 of the 101 of the 200-Gu Seocheon-si E underground floor No. 101 owned by D (hereinafter “instant main shop”) with a deposit of KRW 10 million, monthly rent of KRW 3 million. On April 8, 2009, the Plaintiff obtained a business license for food service business under the name of “F” as the location of the instant main store as the place of business.

B. On August 24, 2011, the Plaintiff: (a) deposited KRW 10 million from Defendant B to the Plaintiff’s account; and (b) around August 30, 201, the Plaintiff drafted a sub-lease agreement under which the instant main points are set at KRW 10 million and KRW 4 million in monthly rent (hereinafter “the instant sub-lease agreement”); and (c) the special terms and conditions of the said contract include the following: (a) the details stating that “the instant sub-lease agreement shall be borne by the new lessee (B) with respect to income tax; (b) the said agreement shall be borne by the new lessee; and (c) the Defendant C entered the said special terms and conditions that “The exercise of the right to a vehicle shall be responsible by G himself.”

C. On July 18, 2012, Defendant C promised that the Plaintiff “G” in the name of “G” (15,000,000) and the credit card (5,000,000) shall be paid by July 23, 2012. The remainder of this million won shall be paid by August 10 as follows, and the remainder of this million won shall be paid by KRW 15,00,000 (0,000) shall be paid by KRW 2 million per month. This is also subject to any civil criminal punishment. It is written and written a cash storage certificate stating that “The KRW 7,00,000 shall be paid by KRW 5,00,000 per month.”

D On June 19, 2012, on the ground that the lease contract is terminated on the grounds of rent delay, etc., the Plaintiff sent a certificate of content demanding delivery, etc. of the instant main office to the Plaintiff, and on August 7, 2012, the Plaintiff as Busan District Court Branch Branch 2012Kadan2706 to preserve the enforcement of the rent claim amounting to KRW 20 million against the Plaintiff on August 7, 2012.

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