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(영문) 창원지방법원 2016.06.30 2015가단81092

임대차보증금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 3, 2008, the Plaintiff and E concluded a lease agreement with the Defendants on a total of KRW 100,000,000, monthly rent of KRW 10,000,000, and the lease period of KRW 10,000 for two years from April 10, 2008 with respect to the lease deposit of KRW 581,38,00 square meters (hereinafter “instant real property”) among the first floor of the FF building land owned by the Defendants, Changwon-si (hereinafter “instant lease agreement”).

B. On May 10, 2013, E entered into a lease agreement with the Defendants on the terms of KRW 120,000,000 for lease deposit under the instant lease agreement, and for rent of KRW 12,00,000 for each month from May 10, 2013 for two years from May 10, 2013.

C. On June 10, 2008, the Plaintiff and E registered as a joint business operator of the daily food restaurant (hereinafter “instant restaurant”) with the trade name “G” on the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 4, 6, 7, Eul evidence 1 and 6, Eul witness E's witness E's testimony, the purport of the whole pleadings

2. The plaintiff's assertion

A. On April 3, 2008, the Plaintiff and E jointly entered into the instant lease contract with the Defendants for the lease deposit of KRW 100,000,000, monthly rent of KRW 10,000,000, and the lease period of KRW 10,000 from April 10, 2008. On April 10, 2009, the lease deposit amount of KRW 20,000,000 was increased by the lease deposit of this case.

B. The Plaintiff and E entered into the instant lease agreement as a joint lessee, not based on the partnership business relationship.

The claims for the refund of the lease deposit of a joint lessee are divided claims, and the plaintiff and E are entitled to the refund of the lease deposit in proportion to the lease deposit borne by each party.

The Plaintiff shared 80% of the amount invested in the instant restaurant between E and E.

The instant lease agreement concluded by E alone with the instant restaurant on May 10, 2013.