beta
(영문) 대구지방법원 2018.09.07 2018가단5826

임대차보증금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On December 30, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50 million, and the lease term of December 30, 2017, with respect to the Daegu Suwon-gu Building owned by the Defendant (hereinafter “instant building”).

B. The Plaintiff ordered the Defendant to order the instant building after the term of lease expires.

C. Therefore, the defendant is liable to pay to the plaintiff the above lease deposit amounting to 50 million won and damages for delay.

2. The Plaintiff’s representative director D transferred 50 million won to the Defendant on December 21, 2015, based on each of the evidence Nos. 2, 4, and 17, there is no evidence to acknowledge the authenticity of the petition. According to each of the evidence No. 3, No. 3, No. 4, and No. 6 (including additional numbers), the Plaintiff’s representative director D appears to be the down payment out of the transfer price, and each of the evidence No. 2, No. 4, and No. 17 was a lease contract or a lease was concluded between the Plaintiff and the Defendant

However, it is not sufficient to recognize that the Plaintiff paid KRW 50 million to the Defendant, and there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit.

3. Therefore, the plaintiff's claim of this case is dismissed as it is without merit.