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(영문) 대구지방법원 2016.08.18 2015가합204469
보증금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the wife of Defendant B and Defendant C, as the wife of Defendant B and D, and Defendant C has been granted the right of representation to enter into a lease agreement with respect to the E-gu Jung-gu E-gu, Daegu-gu, Seoul-gu, Inc., which is owned D, with the right to receive rent from the lessee, and the right to receive rent from the lessee.

B. Accordingly, around 2006, the Defendants leased a store equivalent to approximately 25 square meters of the letter among the instant buildings on behalf of D (hereinafter “instant store”) to F, and F operated the instant store with the trade name “G” and renewed the instant lease contract several times thereafter.

C. Of that, on February 25, 2013, F entered into a lease agreement between Defendant C and the Defendant C with respect to the instant store: (a) KRW 60 million for the lease deposit; (b) KRW 250,000 for the rent; and (c) the term of the lease from February 25, 2013 to February 24, 2014.

D Around April 17, 2013, through his agent H, delegated F with the authority to renew and manage the contract related to the lease of the instant store to H, and notified F of the payment of the rent in the future to be deposited directly in the passbook under the name of D, and around June 13, 2013, notified F of the above contents by content-certified mail.

E. Meanwhile, on May 28, 2013, the Plaintiff, an agent, entered into a lease agreement concluded between F and F on February 25, 2013 with Defendant C to acquire the right to lease, goodwill, etc. of the instant store based on the lease agreement concluded between F and Defendant C (i.e., KRW 60,000,000,000) (i.e., KRW 60,000,000,000,000,000). On May 29, 2013, the Plaintiff entered into a lease agreement with Defendant C with the same content as the lease agreement concluded between F and F, on February 25, 2013.

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