logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.04.19 2016가단5196199
임대차보증금반환 등
Text

1. The Defendant amounting to KRW 10.8 million to the Plaintiff, and the Plaintiff’s annual rate of 5% from January 11, 2017 to April 19, 2017.

Reasons

1. Basic facts

A. On August 29, 2013, the Plaintiff transferred part of the Seocho-gu Seoul Metropolitan Government C Building to KRW 15 million, monthly rent of KRW 700,000,000 from the Defendant.

B. On December 11, 2014, the Plaintiff transferred part of the Seocho-gu Seoul Metropolitan Government D Building to KRW 5 million, monthly rent, KRW 500,000,000,000.

C. After that, each of the above sub-leases contract is terminated, and the overdue rent under the sub-lease contract for the above C building is 7.7 million won, and the overdue rent under the sub-lease contract for the above D building is 1.5 million won.

[Reasons for Recognition: Each entry in Gap evidence Nos. 1 through 10, the purport of the whole pleadings]

2. Determination:

A. According to the above facts, the defendant is obligated to pay to the plaintiff the deposit under the above sub-lease contract less the difference in arrears.

B. The Plaintiff: (a) the Plaintiff: (b) the Plaintiff used the said D Building to make an investment in the said D Building to make an investment in the said D Building, and (c) failed to achieve the purpose of the sub-lease contract by filing a suit for surrendering from the owner of the said D Building; (b) the Defendant alleged that he/she agreed to pay KRW 10 million out of the investment cost; (c) however, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the payment; and (d) there

C. The plaintiff asserts that the defendant, by deceiving the plaintiff, entered into a sub-lease contract for the above D building, is responsible for compensating for damages of KRW 10 million out of the facility cost, but there is no evidence to acknowledge this.

Therefore, the Defendant is obligated to pay to the Plaintiff 10.8 million won (15 million won - 7.7 million won - 1.5 million won - 1.5 million won) of the deposit in each of the above sub-lease contracts, and to pay to the Plaintiff 5% per annum under the Civil Act from January 11, 2017 to April 19, 2017, which is the day following the delivery of the written application for modification of the purpose of the claim and the cause of the claim in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion Plaintiff

arrow