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(영문) 수원지방법원 2015.02.12 2014가합65901
보증금반환
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall be the plaintiff.

(a) KRW 11,189,421 and its related thereto shall be November 2014.

Reasons

1. Basic facts

A. The Defendant operated the “E Child Care Center” (hereinafter “instant Child Care Center”) on the first floor No. 101, 108 (hereinafter “instant apartment”) of the D Apartment Nos. 101, 108 (hereinafter “instant apartment”).

On February 23, 2013, the Defendant: (a) transferred the instant childcare center to the Plaintiff KRW 50 million in premium; and (b) concluded a contract on the transfer of real estate rights to lease the instant apartment at KRW 60 million, monthly rent of KRW 60 million, and KRW 600,000 in rent (hereinafter “instant transfer agreement”).

Details of detailed contracts shall be as follows:

Article 1 (Transfer Amount of Rights and Time) 50 million won (including facility costs) and 5 million won of the transfer amount of rights (including facility costs), and the down payment shall be paid at the time of the contract and received at the time of the contract and paid at 45 million won of the balance, the payment shall be made on February 25, 2013.

Article 4 (Terms and Conditions of Lease Contracts) Rental deposit of KRW 60 million shall be paid on February 28, 2013, monthly rent of KRW 600,00,000 for lease period: The representative of the special agreement terms and conditions from February 28, 2013 to February 28, 2015 shall be changed in August 2014, and the lease contract shall be re-preparation.

All responsibilities and four major insurance premiums for the original operation shall be responsible for the plaintiff.

B. 1) Unlike the Plaintiff’s anticipated, it was difficult to operate the instant childcare center, and the Plaintiff and A (the Plaintiff is the head of the instant childcare center).

(2) On May 26, 2014, the Defendant concluded a lease agreement with F to newly take over the instant childcare center and the instant apartment amounting to KRW 60 million, on the following grounds: (a) the Plaintiff was subject to an investigation for administrative disposition and criminal punishment; (b) the Plaintiff and the Defendant agreed not to operate the instant childcare center; and (c) the Plaintiff and the Defendant agreed to lease the instant apartment amounting to KRW 60 million; but (d) the agreement was immediately rescinded.

3. After that, the defendant and the plaintiff on June 10, 2014 on the rights of the plaintiff, the defendant's right contract and lease contract for the child care center of this case as of June 10, 2014.

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