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(영문) 전주지방법원 2019.04.26 2018나3710
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On May 15, 2012, the Plaintiff leased to C Co., Ltd. (hereinafter “C”) a building indicated in the attached Table (hereinafter “instant real estate”) (hereinafter “instant real estate”) with a deposit of KRW 100 million (hereinafter “instant lease deposit”), KRW 3.6 million per month for rent, and the lease period of KRW 24 months at the south of 232.52 square meters at the retail store of 115.703 square meters (hereinafter “instant store”).

On July 16, 2009, the instant store registered the establishment of chonsegwon in the name of KRW 100 million and KRW 400 million in the name of Person having Chonsegwon, but on September 19, 2012, the registration of the establishment of chonsegwon was completed in the name of E (individual) where C representative director was located.

(hereinafter referred to as “registration of creation of chonsegwon”). B.

C On April 15, 2015, on the part of F Co., Ltd. (hereinafter “F”) entered into a contract for the transfer and takeover of claims (hereinafter “instant transfer and takeover contract”) with the content that the claim for the refund of the lease deposit for the instant store was transferred to F Co., Ltd. (hereinafter “F”), and notified the Plaintiff of the fact of the transfer and takeover of claims.

C. On March 2016, the Plaintiff and C, E, and F agreed to the effect that “E shall cancel the registration of the creation of the instant chonsegwon at the same time with payment of KRW 82,656,270, which shall be the Plaintiff’s obligation to return the deposit from the deposit for lease on a deposit basis, KRW 5,830,00, the unpaid monthly rent of KRW 10,800,000, the unpaid rent of KRW 300,000, the overdue electricity fee of KRW 213,730, the agreement, and the cost of cancelling the lease on a deposit basis, which shall be KRW 2,656,270, and the Plaintiff’s obligation to return the deposit shall expire by paying the relevant amount to F.”

On September 13, 2016, the Plaintiff sold the instant real estate at KRW 2.255 million to the Defendant. On the same day, the Plaintiff succeeded to KRW 100 million for the first floor C deposit in F and C, and the Defendant succeeded to KRW 94,170,00, excluding KRW 5,830,000, out of KRW 100,000,000 for the pre-paid deposit succeeded according to the outcome of the lawsuit between F and C.

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