(영문) 서울중앙지방법원 2018.11.28 2017가합574293

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(영문) 서울중앙지방법원 2018.11.28 2017가합574293

임차보증금반환 청구의 소

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1. The Defendant’s KRW 418,035,00 for the Plaintiff and the following: 6% per annum from August 2, 2017 to November 7, 2017.

Reasons

1. Basic facts

A. The Defendant leased the Dongjak-gu Seoul Metropolitan Government Buildings D and E (hereinafter “instant building”) owned by the Defendant, which was used as a theater prior to around 2006, to F, and F has operated the instant building with the trade name “G” (hereinafter “instant database”).

Since then, the defendant and F entered into a lease contract with the lease deposit amount of KRW 500,000,000, monthly rent of KRW 25,000 (excluding value-added tax) from December 1, 2014 to November 30, 2015 with the lease term of November 22, 2014.

B. On July 3, 2015, the Plaintiff entered into an overall business transfer and takeover agreement (hereinafter “instant transfer and takeover agreement”) under which the Plaintiff would comprehensively acquire the assets and liabilities of the instant database at KRW 2,000,000,000 between F and F.

The “property” stated in the “detailed description of assets and liabilities transferred” of the above contract includes KRW 500,000,000 for the Defendant.

C. On July 16, 2015, the Plaintiff concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) and agreed to succeed to F’s deposit KRW 500,000,000.

Article 2 (Term of Lease) The term of lease shall be from August 1, 2015 to July 31, 2017.

Article 4 (Monthly Rent) ① Monthly rent shall be KRW 25,00,000 (excluding value-added tax and management expenses), and shall be deposited into the deposit account designated by the defendant by the end of each month.

When the above-mentioned period expires, the late payment charge equivalent to 5% of the monthly rent shall be paid, and 5% of the amount added to the late payment shall be included in the property from the following month.

The rent in arrears is responsible for the plaintiff.

Article 5 (Revision of Monthly Rent) The monthly rent shall be 26,00,000 won (excluding value-added tax and management expenses) increased by 1,000,000 won from August 1, 2016 to July 31, 2017.

Article 7 (Restrictions on Use) The plaintiff does not consent to the defendant.

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