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(영문) 수원지방법원 2019.01.16 2018가단500696
보증금반환
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 200,000,000 as well as to the day of full payment from February 10, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 18, 2013, D leased the instant store to F Cooperatives (hereinafter “F”) one-story 519 square meters on the ground of the two parcels, E, Dong-si, Dong-si, and the ownership of D, and F subleted the instant store to Defendant B on the same day.

B. B, as the lessee of the instant store, only held the right to operate a set at the instant store and did not have the right to sublet the instant store, the Plaintiff entered into a lease agreement with the Plaintiff around November 201, 2013 to lease the instant store amounting to KRW 200 million in lease deposit and KRW 10 million in rent monthly (hereinafter “instant lease agreement”). On July 4, 2014, the Plaintiff was fully paid KRW 200 million in lease deposit by the Plaintiff.

C. Defendant B Co., Ltd.: (a) around June 2016, on the grounds of a breach of contract from F.

The sub-lease contract was terminated. D.

On September 2, 2016, the Plaintiff entered into a lease agreement with F to lease the instant store.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, 5, 6, and 7, and the purport of the whole pleadings

2. According to the above facts finding as to the claim against Defendant B, the instant lease contract concluded between the Plaintiff and Defendant B was unable to provide the Plaintiff with possession and use of the instant store, and it became impossible to implement the said contract.

Furthermore, the Plaintiff appears to have notified the rescission of the instant lease agreement by serving a duplicate of the instant complaint on the grounds of nonperformance as above. Therefore, the instant lease agreement was lawfully rescinded on February 9, 2018, when the duplicate of the complaint was served on Defendant B Co., Ltd.

Therefore, Defendant B, as to the amount of KRW 200 million and the amount of the lease deposit, shall be promoted from February 10, 2018 to the date of full payment after the copy of the complaint of this case was served on Defendant B.

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