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(영문) 인천지방법원 2019.07.11 2018나4482

임대차보증금 반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. The Plaintiff leased and operated a parking lot of KRW 55 million from the Defendant. Since the term of lease expires, the Defendant is obligated to return the deposit amount of KRW 5 million to the Plaintiff.

B. Although the Defendant entered into a lease agreement with the Plaintiff, the Defendant has long exceeded the status of the lessor to C, who is a partner, and the Defendant has deserted from the contractual relationship, so there is no responsibility to return the deposit.

2. Facts of recognition;

A. On February 19, 2016, the Defendant, as a retired public official, agreed to operate the C and the parking lot, invested KRW 50 million by the Defendant himself, and leased the parking lot on the land of the Nam-gu E, F, and G (hereinafter “instant parking lot”) from an I Co., Ltd. (hereinafter “I”) (hereinafter “instant parking lot”) (hereinafter “original lease contract”), and registered the business with the director of the tax office of Namcheon-gu, Seoul Tax Office as “D” by making the said lease contract’s trade name as “D”).

B. On March 2, 2016, the Defendant, between the Plaintiff and the Plaintiff, drafted a lease contract under which the Plaintiff would sublease the instant parking lot with the period from March 6, 2016 to March 5, 2017, by setting the deposit deposit amount of KRW 5 million, KRW 8,000, KRW 8,000, and the period from March 6, 2016 to KRW 5,00.

(hereinafter referred to as the “instant lease contract”) C.

On March 2, 2016, the Plaintiff provided the Defendant with KRW 30 million out of the deposit, and upon the Defendant’s request, paid KRW 25 million the remainder of the deposit to C on March 5, 2016, and paid KRW 5,500,000 per month.

After the conclusion of the instant lease agreement, the Defendant, on the ground of the dispute with the wife that there is a concern that the public official pension may be reduced due to the conclusion of the instant lease agreement, will be omitted from the partnership business under the agreement with C, and on March 16, 2016, the Defendant filed a report on the closure of business as of March 3, 2016 with the director of the South Incheon District Tax Office and filed a new business registration under the name of C’s employee H.

E. The Defendant and C have opened the account in the name of H around that time.