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(영문) 청주지방법원 2015.12.24 2015가단100785
보증금반환
Text

1. The Defendant’s KRW 60,000,000 as well as the annual rate of KRW 5% from April 10, 2015 to December 24, 2015 to the Plaintiff.

Reasons

1. The Defendant, upon acquiring January 4, 2013, operated the instant store 210 of the 2nd floor D shop located in the petition-gu Seoul (hereinafter “instant store”); and the said D store 20 of the 2nd unit “E” at the Cheongju-si, the Defendant operated the instant store.

On March 15, 2014, the Plaintiff entered into a lease agreement with the Defendant under which the Plaintiff leases the instant store from the Defendant to the period from March 20, 2014 to March 20, 2016 (hereinafter “instant lease agreement”) and “transfer agreement for facilities and business rights” under which the Plaintiff takes over the entire facilities and business rights of the instant store from the Defendant for a premium of KRW 30,000,000 (hereinafter “the instant premium agreement”). At that time, the Plaintiff paid KRW 80,000,000 to the Defendant for the total sum of lease deposit and premium of KRW 80,000,000, and operated the instant premium collection as it is, E upon delivery of the instant store from the Defendant.

Among the 2nd floor of the instant commercial building, there were the co-ownership parts exposed to outdoorly (hereinafter “instant co-ownership parts”). Of the above co-ownership parts, the structures with walls such as plastic tent in the steel pole and roof (hereinafter “instant structure”) have been installed since before the Defendant could acquire the instant shop, and the structures of this case are connected to the instant store by door, and the interior of the instant structure is connected with tables and chairs, and the body new boards attached to the wall were installed, and used as one place of business together with the instant store.

At the time of conclusion of the instant lease agreement, the Plaintiff received delivery of the instant structure from the Defendant along with the instant store and used it as the E head office’s place of business.

On April 21, 2014, F of the Special Self-Governing Director of the Commercial Building, the Plaintiff, the Defendant, and the owner and lessee of the instant commercial building 211, and the lessee of the instant commercial building between the store and the store 211.

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