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(영문) 의정부지방법원 고양지원 2018.11.02 2018가단73771
보증금반환
Text

1. The Defendants jointly share KRW 10,172,830 with respect to the Plaintiff and the period from September 19, 2017 to November 2, 2018.

Reasons

In fact, the Plaintiff entered into a lease agreement with the Defendants on February 13, 2014, with respect to the lease deposit amounting to KRW 70 million, monthly rent (excluding value-added tax), KRW 350,000,000 (excluding value-added tax), from April 15, 2014 to April 14, 2017, with respect to the lease deposit for the entire 144.34 square meters of 1st floor among the buildings owned by the Defendants for the F-based reinforced concrete structure (framed), concrete roof, multi-family housing (multi-family housing) and the first class neighborhood living facilities (hereinafter “instant commercial building”).

(hereinafter “instant lease agreement.” The Plaintiff paid the Defendants KRW 70,000,000 to the said lease deposit, and operated the instant commercial building as “G” upon delivery by the Defendants.

On May 1, 2016, the Plaintiff entered into a contract with H to the effect that all business rights, facilities, etc. of the above restaurant are transferred to H in total amount of KRW 130 million for premium, and H was transferred to the instant commercial building by the Plaintiff on June 1, 2016.

The Defendants asserted that “the Plaintiff transferred or sub-lease the right of lease under the instant lease agreement to H without the consent of the Defendants, and the Plaintiff was in arrears of two or more times, and thus, the instant lease agreement was terminated on this ground, and the Plaintiff is obligated to restore the instant commercial building to its original state and deliver it to the Defendants.” On January 19, 2017, the Defendants filed a lawsuit against the Plaintiff and H to the effect that “the Plaintiff restores the instant commercial building to its original state, delivers it, and H leaves the instant commercial building.”

(No. 2017da70997, supra, the Defendants’ right to terminate the instant lease agreement was served on the Plaintiff on February 10, 2017.

On May 26, 2017, a compromise has been established between the Plaintiff and the Defendants with the following contents, and a compromise has been made.

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