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(영문) 의정부지방법원 2017.03.09 2016가단12939
임대차보증금반환
Text

1. The Defendant’s KRW 45,00,000 and its related amount are 5% per annum from August 15, 2016 to March 9, 2017 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, No. 2-1 to 3, and Gap evidence No. 3, and the whole purport of the pleadings, and there is no counter-proof.

1) On October 5, 2010, between the Defendant and C, the Defendant entered into a lease agreement between the Defendant and C, the second floor (three sides; hereinafter referred to as “instant building”) of the building on the ground D in the Gu Government-si.

(1) As to the lease deposit (hereinafter “instant first lease contract”), a lease agreement between KRW 40 million and KRW 5, 2010 from the delivery date of the lease term to November 5, 2012 (hereinafter “instant first lease agreement”).

(2) On March 30, 2013, the Defendant agreed to increase the above lease deposit in KRW 45 million between C and C.

3) The instant first lease agreement was explicitly renewed after the expiration of the said lease term. (b) around April 2014, the Defendant and the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff (hereinafter “instant agreement”) and F (an employee of a restaurant run by C”) agreed on behalf of C to transfer the right of lease under the instant first lease agreement to the Plaintiff instead of performing the obligation owed by C to G (hereinafter “instant agreement”).

2) On April 18, 2014, the Plaintiff was delegated by C with the authority to conclude a lease agreement under the instant agreement, and between the Defendant and the Defendant, the lease agreement dated March 30, 2013 (hereinafter “instant secondary lease agreement”) between the lease deposit amounting to KRW 45 million with respect to the instant building and March 30, 2015 from the delivery date of the lease term.

A receipt was issued in the Defendant’s name stating that the Defendant received KRW 45 million from the lease deposit for the instant building.

C. On May 13, 2016, the copy of the instant complaint, including the Plaintiff’s declaration that the instant secondary lease agreement will be terminated, was served on the Defendant.

2. Determination on the cause of the claim

(a) above;

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