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(영문) 서울동부지방법원 2018.01.26 2017가합100718
임대차보증금
Text

1. The defendant shall pay 1,000,000 won to the plaintiff jointly and severally with co-defendant C and D.

2. The plaintiff's remainder.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

(a) Facts under recognition are either not disputed between the Parties, or acknowledged by adding to the whole purport of the pleadings, the entries in Eul 3 to 6 (including the numbered statements; hereinafter the same shall apply).

1) On December 201, 201, the Defendant is an aggregate building E-Land (hereinafter “instant building”) in Yangju-si.

C, F (hereinafter referred to as “C, etc.”) as the owner of each 1/2 equity interest in each case.

(i) the whole and part of the heading G, H and I (hereinafter referred to as “the subject matter of prior lending”) from them;

2) The term “the instant lease” (hereinafter referred to as “the instant lease”).

) Next, on December 12, 2011, the Plaintiff paid 20% of the profits earned by the Plaintiff from operating a coffee store from the subject matter of sub-lease, and the period of sub-lease was set from December 19, 201 to 60 months, respectively, and sub-leaseed (hereinafter “the sub-lease”).

(2) On November 16, 2012, the Plaintiff changed the details of the instant sub-lease, and accordingly paid KRW 1 billion to the Defendant as the repayment of rent between the Defendant on December 22, 2011. (2) On November 16, 201, the lessor C, etc. agreed to the sub-lease of this case.

At the time, C, etc., a lessor, agreed with the Plaintiff and the lessee to jointly and severally bear the obligation to return the above sub-lease deposit. Around that time, the security deposit for the lease of this case between the Defendant and the lessee was agreed to be KRW 1 billion, and received KRW 1 billion from the Defendant.

3) According to the facts acknowledged in paragraph 1, D, the wife of C, around January 2014, acquired the ownership of 1/2 of the instant building from F, and acquired F’s joint and several obligations to return the said sub-lease deposit. The instant sub-lease 1) ends on December 18, 2016, when December 18, 201, which was 60 months from the beginning date of the sub-lease 1, and thus, barring any special circumstance, the Defendant is jointly and severally liable C, D, and D, the Defendant, unless there is a special reason.

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