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Reasons
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(영문) 의정부지방법원 2018.07.20 2016가단116930
보증금반환
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1. The Defendant: (a) KRW 23,50,000 for the Plaintiff and 5% per annum from October 15, 2013 to August 26, 2016.

Reasons

(c).. c.

On September 12, 2012, the defendant prepared and delivered to the F a letter as follows:

I agree to return on October 15, 2012 on the basis of the due date on the whole of the F E-W deposit of G stores (D Doo-si Do-si Do-si Do-si Do-si Do-si Do-si Do-do-si Do-si Do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-tri

On October 24, 2012, the Defendant drafted a commercial monthly rent contract stating deposit amounting to KRW 50 million, monthly renting to KRW 2.4 million, and lease term (six months) until April 14, 2013 with respect to the main points of this case, including the following matters as a special agreement:

1. It shall be leased on a basic and present basis;

3. Other matters shall be governed by the Lease Protection Act.

4. A contract for extending the contract on March 28, 2012;

5.The operation shall be carried out by E and F under the initiative of sub-lease B.

*** Operating earnings and distribution of deposits*** The deposit has been invested by the sub-lessee in kind respectively (25,000,000).

* F. F. Deposit shall be paid on the 17th day of each month in the interest per million won per principal.

(As of November 17, 2012, the first day of November 2012)* E Deposit is E,00,000,000 won, and the issue of distribution shall be consulted with B.

E. The above E died on March 14, 2013, and the heir was Nonparty H and the Plaintiff, who was the son, but they agreed to inherit the deposit of E.

Since then, on October 24, 2012, the defendant added the phrase " October 14, 2013" to the term column of the commercial monthly rent contract as of October 24, 2012, and added the following details in the item column of the special agreement:

Although the Defendant asserts that the following contents were stated from the time of the preparation of the monthly rent contract on October 24, 2012, the Defendant stated the tenant column of the monthly rent contract as “E” and stated in the item column of the special agreement as “E is changed in the name of the Plaintiff.”

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