(영문) 울산지방법원 2015.12.18 2015가단51189

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(영문) 울산지방법원 2015.12.18 2015가단51189

보증금반환

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1. The Defendant’s KRW 15,500,000 as well as the Plaintiff’s annual rate from August 1, 2014 to December 18, 2015.

Reasons

1. Basic facts

A. On July 10, 2014, the Plaintiff and the Defendant concluded a lease agreement with regard to the 2 and 3-story stores of the building on the land (hereinafter “instant building”) in Ulsan-gu, Ulsan-gu (hereinafter “instant stores”) with the following purport:

(hereinafter referred to as the “Lease”; Provided, That the lease contract is divided into KRW 30 million for the second floor of the instant building, and KRW 20 million for the third floor of the instant building, and was written. - The Defendant shall lease the instant store to the Plaintiff by setting the lease deposit amount of KRW 50 million for the instant building, KRW 5 million for the monthly rent (excluding value-added tax), and the lease period of KRW 24 months from July 20, 2014.

- Of the lease deposit, 30 million won of the down payment shall be paid on the lease date of this case, the intermediate payment of 10 million won on August 20, 2014, and 10 million won on September 20, 2014, respectively.

- The lessor shall reimburse twice the down payment, and the lessee may waive the down payment and rescind this contract.

(hereinafter referred to as the “instant rescission agreement”). B.

At the time of the instant lease contract, the Plaintiff paid 30 million won, including the value-added tax for one month from July 20, 2014, the sum of 5.5 million won (hereinafter “prepaid rent”) to the Defendant as the down payment for the lease deposit (hereinafter “the down payment”).

C. On July 25, 2014, the Plaintiff prepared to operate the instant store after the said lease, and returned the entrance door keys, etc. of the instant store to a licensed real estate agent who arranged for the instant lease.

On October 15, 2014, the Defendant entered into a lease agreement with Nonparty D and the instant store, stating that “50 million won for lease deposit, and six million won for monthly rent (excluding value-added tax).”

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 6, Eul evidence 8, the purport of the whole pleadings

2. As to the assertion such as cancellation of agreement

A. The Plaintiff’s major assertion (1) and the Defendant on July 2014.

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