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(영문) 서울중앙지방법원 2017.01.16 2016나53120
임대차보증금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 20, 2014, the Defendant: (a) between the Plaintiff and the Plaintiff on May 20, 2014, under the name of its partner C; (b) “the first contract to sublease YY to the Plaintiff.”

and after the conclusion, the name of the business operator of the Eart is the defendant, and the same year is the defendant.

6. 1. The term “second-party contract” refers to a sub-lease contract between the Plaintiff and the Plaintiff under his own name to KRW 30 million, monthly rent of KRW 1.2 million, and the period from June 1, 2014 to May 31, 2016 (hereinafter “second-party contract”).

B) The Plaintiff concluded a second contract with the phrase “at any time when Maccop will take place when Maccop’s sale is below 0 million won.” However, the Plaintiff paid a deposit of KRW 30 million to the Defendant and operated the Maccop in the said Macco, and the sales of the Macco do not reach KRW 10 million a day. As the Plaintiff, around October 2014, declared the Defendant to terminate the instant contract, suspended the operation of the Maccop, and again suspended the operation of the said Maccop from January 2015 to February 20 of the same year, and again suspended the operation of the Maccop from January 2015 to February 3, 2015.

2. Whether the secondary contract is terminated;

A. The plaintiff's assertion entered into the second contract with the defendant that "if the daily sales of the marina are less than KRW 10 million, at any time when the plaintiff wants to go, it may go to." The plaintiff's assertion that since the contract was terminated in accordance with the second contract, the defendant should return the deposit amount of KRW 30 million to the plaintiff.

B. As seen earlier, the second written contract contains the text of the agreement asserted by the Plaintiff, and written evidence Nos. 1, 2, and 3, respectively.

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