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(영문) 대구지방법원 2020.06.03 2019나320639
보증금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 1st floor store in Northern-gu, Northern-gu (hereinafter “instant real estate”).

On May 19, 2017, the Plaintiff leased the instant real estate in the form of KRW 20 million, KRW 900,000 per month, and KRW 50,000 per year from May 19, 2017 to May 18, 2022 (hereinafter “instant first lease”), and the lessee was registered as D (hereinafter “instant first lease”). At that time, E paid KRW 20,000 to the Plaintiff the lease deposit.

D The F (hereinafter “instant convenience store”) was registered and operated in the name of G in the instant real estate.

In the entrusted operation of the convenience store of this case, E and D shall enter into a contract as follows:

D For the head office deposit (14 million won) and store deposit (20 million won) and for the premium part (1 million won), 35 million won in total, shall be paid to E as follows:

1. 10 million won shall be paid by the end of September 2018;

2. The remainder of twenty-five million won shall be paid in one million won each month as of October 2018.

3.E shall entrust a store deposit to D.

No objection shall be raised even if the place of business is closed at the time of one month of the above-mentioned 1 and 2, and the deposit for a store that is entrusted to D shall be null and void, and E shall directly receive the deposit from the Plaintiff.

B. On August 29, 2018, E and D entered into a contract with the following contents, and the Plaintiff signed and sealed the contract as the confirmation agent.

(hereinafter “instant contract”). D did not pay KRW 1,00,000 to E for each month from October 2018 after only KRW 10,500,000,000, to be paid under the said contract.

C. The Defendant decided to take over the instant convenience store business from D, and D prepared a lease contract under the conditions such as the instant first lease contract with the lessor and the lessee as the Plaintiff and the lessee.

On August 29, 2018, the defendant also puts his name and seal on the above contract.

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