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(영문) 인천지방법원 2015.01.16 2014가단26445

임대보증금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 2012, C: (a) around December 2012, the part related to the motor vehicle inspection (hereinafter “instant real estate”) among the E-motor vehicle industry companies in Seo-gu Incheon, Seo-gu, Incheon, which is owned by the Defendant (hereinafter “instant real estate”) is determined as KRW 30 million and monthly rent of KRW 30 million; and (b) began to use the instant real estate without paying the deposit money.

B. However, as C did not prepare a security deposit for rental to the Defendant, C requested the Plaintiff to lend the amount equivalent to the security deposit.

C. The Plaintiff: (a) concluded a lease agreement with the Defendant on the instant real estate in the name of the Plaintiff to return the amount of money contributed to C when it is deemed impossible for C to be repaid; (b) concluded a lease agreement on the instant real estate in the name of the Plaintiff to allow C to continue to use and profit from the instant real estate; and (c) around May 21, 2013, between the Defendant and C, the Plaintiff and C entered into a lease agreement with the Defendant on the terms of KRW 30 million for the instant real estate deposit, KRW 3 million for monthly rent, and the lease period of KRW 2 years for the lease; and (d) paid KRW 30 million for the automobile inspection, etc. to the Defendant around that time.

Since November 2013, the Defendant did not receive monthly rent from the Plaintiff and C, and around February 3, 2013, the Defendant agreed to terminate the instant lease agreement (hereinafter “instant agreement”) with the Plaintiff and C as follows:

- A lessee is deemed to have delivered the instant real estate to a lessor on January 31, 2014, and a lessor does not impose a rent on the lessee from February 1, 2014.

-The sum of the unpaid rent of KRW 6,338,00 and the electricity fee of KRW 1,441,00 shall be KRW 7,779,000. The lessee shall be liable.

The rent and the electricity fee are irrelevant to the lessee.