beta
(영문) 울산지방법원 2015.10.28 2015가단50360

임대차보증금

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 May 14, 2010, the Plaintiff and C agreed to engage in singing in the same business, and on May 14, 2010, leased from the Defendant the security deposit of KRW 301,302, and KRW 70 million ( KRW 302: KRW 25 million: KRW 25 million: KRW 303: KRW 25 million) and monthly rent of KRW 310,000 ( KRW 3.5 million from March 2012) (hereinafter referred to as the instant lease).

At the time of the instant lease agreement, the Plaintiff and C had 301 shares in the Plaintiff’s name, 302 shares in C’s name, and 303 shares in C’s name in high school line.

On May 14, 2010, the Plaintiff and C paid KRW 70 million to the Defendant the lease deposit of this case, and the Plaintiff and C shared KRW 35 million each.

B. From May 14, 2010 to March 2012, the Plaintiff and C shared with each other. From April 2012 to August 2012, the Plaintiff independently, from September 2012 to August 2013, and from September 2013 to August 2013, the Plaintiff independently operated the singing room business as set forth in 301, 302, and 303.

[Reasons for Recognition] Unsatisfy, Gap 1, Eul 2-1, witness C's testimony, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The lease of this case was concluded on or around June 20, 2014. (2) The Defendant is obligated to pay to the Plaintiff KRW 301,01, out of KRW 70,000,000, KRW 25,000,000, and delay damages.

B. Fact-finding 1) C and the Plaintiff as of September 5, 2014, KRW 32,300,000 for the Defendant as of September 5, 2014 (of them, the overdue rent at the time when the Plaintiff independently engages in singing practice is KRW 21,80,000 for the overdue rent at the time of the Plaintiff’s

(2) around September 5, 2014, the Plaintiff delegated C with the termination and settlement of the lease agreement of this case.

3 Around September 5, 2014, around September 5, 2014, C agreed on the lease of this case with the Defendant, and the Defendant entered into a lease agreement with the Defendant on September 5, 2014 that leases the instant building to KRW 70,00,000 as deposit money.

C At that time, the Defendant and the “(i) the lease of this case is agreed upon.

② C and the Plaintiff.