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(영문) 전주지방법원 2018.08.22 2017가단20663

임차보증금 등 반환

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 November 19, 2014, the Defendant: (a) drafted a lease agreement with the lessee as C, setting the lease term from December 15, 2014 to December 14, 2019, on the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant commercial building”); and (b) changed the lessee’s name to D upon request by C and D on December 2014. < Amended by Presidential Decree No. 25790, Dec. 14, 2014>

B. From August 15, 2015 to November 19, 2014, when the rent was overdue, the Defendant filed a lawsuit against D with the Jeonju District Court 2015Da33009, which sought the name of the building, etc., and on March 10, 2016, the conciliation was concluded that “D shall receive KRW 20 million from the Defendant until March 20, 2016, and deliver the instant commercial building to the Defendant simultaneously with the delivery of the instant commercial building.”

C. However, on March 30, 2016, the Defendant received public charges and monthly rent of KRW 50 million from the Plaintiff and then consulted with the Plaintiff to lease the commercial building of this case again. On March 31, 2016, the Defendant paid KRW 50 million from the Plaintiff’s side on March 31, 2016, and then re-established a lease agreement in which the lessee stipulated the lease term as KRW 50 million until December 30, 2019 with respect to the commercial building of this case, by setting the lease term as KRW 50 million until December 30, 2019.

Since then, the Defendant terminated the lease contract on the commercial building of this case with D and the Plaintiff, and deducted the unpaid rent of KRW 30 million from the aggregate of KRW 100 million from D and the Plaintiff’s side, and returned to D on September 21, 2016 and October 7, 2016, and entered into a lease contract on the commercial building of this case with E introduced by D around October 7, 2016, and D received KRW 40 million from E as the price for interior works, including KRW 30 million, and KRW 10 million as the signboard price.

E. Meanwhile, the Plaintiff and D continued consultations with the effect that the total amount of KRW 180,000,000,000 for KRW 180,000 and KRW 60,000 of the instant commercial building exceeded the operating rights for one year for the store 4 partitions and the office 1 partitions.