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(영문) 인천지방법원 2017.09.14 2014가단253889
보증금반환
Text

1. The defendant shall pay to the plaintiff KRW 20,860,000 as well as 6% per annum from November 28, 2014 to September 14, 2017 and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates clothing stores in the C department stores located in Seocheon-gu, Incheon-gu, Defendant-owned (hereinafter “D department stores”) and in the 1st floor and 101 square meters of 1st floor (hereinafter “instant department stores”) and 37-10.80 square meters of 101st floor. The Defendant is a corporation with the purpose of department store business, shopping center business, service management business, etc.

B. On March 11, 1994, the Plaintiff entered into a lease contract with the Defendant for lease deposit amounting to KRW 25 million (hereinafter “instant lease contract”) and the lease contract with the same contents until March 11, 1996 (hereinafter “the lease contract”). around that time, the Plaintiff paid KRW 25 million to the Defendant.

C. On May 27, 1994, the defendant received the Incheon District Court Seocheon Registry No. 62128 on May 27, 1994 as to the store of this case in the future of the plaintiff.

On March 11, 1996, the registration of establishment of chonsegwon was completed on March 11, 1996, which was based on the contract to establish a right to lease on a deposit basis.

The Plaintiff received delivery of the instant store from the Defendant at the time of the conclusion of the instant lease agreement, and operated the inner clothes store in the name of “E”, and filed a report on discontinuance of business on November 30, 2004.

However, the Plaintiff used the trade name "F" for business registration.

E. On October 30, 2014, the Plaintiff notified the Defendant that “The Plaintiff closed the store operated at the instant store on or around the end of April 2004, but the G, H, and I, etc., which concluded a contract on collateral with the Plaintiff, operated the instant store in sequence until August 2014. However, the Defendant unilaterally transferred I, who operated the store at the instant store around August 2014, to the second floor. As such, the instant lease contract was terminated, the Defendant notified the Plaintiff that “The Plaintiff must return KRW 25 million to the Plaintiff.”

F. As to this, the Defendant on November 17, 2014.

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