임대차보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 1, 2015, the Plaintiff’s gist of the Plaintiff’s assertion: (a) leased the first floor of a commercial building located in the Gu and Si (hereinafter “instant building”) from the Defendant to KRW 30,000,000, and KRW 2,500,000,000, monthly rent; and (b) on September 7, 2015, the Plaintiff failed to receive a refund of the deposit from the Defendant, even though it transferred the right to lease of the instant building to D.
Therefore, the defendant should pay 30,000,000 won and damages for delay to the plaintiff.
2. Comprehensively taking account of the description of evidence No. 1 and the purport of the entire pleadings, the Plaintiff’s lease of the instant building from the Defendant at KRW 30,000,000 on July 2, 2014, and KRW 3,000,000 on rent, may be recognized as having leased the instant building from the Defendant.
However, in full view of the following: (a) the Plaintiff, the Defendant, and D agreed to process the overdue rent and the deposit money for lease on September 7, 2015 between the Plaintiff and the new lessee, who are the existing lessee of the instant building, on September 14, 2015, upon considering the following: (b) the Plaintiff’s testimony of the witness D and the fact that the Plaintiff signed the said document on November 4, 2016; and (c) the Plaintiff acknowledged the fact that the Plaintiff signed the said document; (d) the Plaintiff, the Defendant, and D agreed to pay KRW 16,500,000 to the lessor, who is the lessor, by September 14, 2015; and (e) the Plaintiff’s lease deposit 30,000,000,000,000 for the lease deposit against the Defendant directly to the Plaintiff.
According to the above facts, the defendant is no longer obligated to pay the lease deposit of the building of this case to the plaintiff. Thus, the plaintiff's assertion is without merit.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.