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(영문) 인천지방법원부천지원 2019.05.30 2018가단9908
임대차보증금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B and Defendant D are dismissed.

2...

Reasons

1. Basic facts

A. On December 8, 2011, Defendant B and E (the spouse of Defendant D) concluded a lease agreement with the term from January 1, 201 to December 31, 2013, on a deposit of KRW 50 million, monthly rent of KRW 600,000 (in addition to value-added tax, KRW 10,000,000 per month), and the term of lease from January 1, 201 to December 31, 201.

B. On December 24, 2013, Defendant B and E have renewed the said lease agreement with the term from December 31, 2013 to December 31, 2015, by setting a deposit of KRW 100 million, KRW 7 million per month, monthly rent (value-added tax, and KRW 100,000 per month).

C. On December 31, 2013, E sublet the F building first floor (hereinafter “instant commercial building”) to G as a pharmacy, and received KRW 30 million as a security deposit. The Plaintiff invested funds for the establishment, etc. of the said pharmacy.

On August 13, 2014, Defendant B and the Plaintiff entered into a lease agreement of KRW 30 million for the instant commercial buildings, KRW 1.5 million per month for rent (in addition to value-added tax, KRW 10 million per month), and KRW 24 months for the lease period (hereinafter “instant lease agreement”).

E. The instant lease agreement states as follows: “The deposit amount of KRW 30 million for a pharmacy is KRW 30 million as agreed upon by Defendant B, C (Defendant B’s spouse), Defendant D, and Plaintiff as the letter of delegation.”

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 4 (including each number, if any)'s statements, images, and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. The Plaintiff asserted that Defendant B received KRW 30 million from Defendant E the lease deposit for the instant commercial building, and the Defendants are jointly and severally liable to pay KRW 30 million to the Plaintiff.

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