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(영문) 서울중앙지방법원 2020.06.24 2020나3658 (1)

보증금반환

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) concluded a sales contract with the Defendant on July 7, 2015 with regard to the above building E (hereinafter “instant store”) as a seller of the D building in terms of friendliness, and on July 7, 2015.

B. C has guaranteed the Defendant a two-year lease benefit regarding the instant store.

On May 26, 2016, the Plaintiff entered into a lease agreement with the Defendant on the instant store (hereinafter “instant lease agreement”) with the terms of KRW 30,000,000, monthly rent of KRW 1,817,000 (excluding value-added tax), and the term of lease from July 20, 2016 to July 19, 2018 (hereinafter “instant lease agreement”).

C. The lease deposit under the instant lease agreement and the monthly rent of up to two years was paid by C. D.

C On August 23, 2018, asserting that he/she is a lessee under the instant lease agreement, filed a lawsuit against the Defendant claiming that he/she is the lessee under the instant lease agreement (U.S. District Court 2018Dahap22032, hereinafter “relevant lawsuit”), and the judgment dismissing the relevant claim on the grounds that C cannot be deemed a lessee on July 11, 2019, was rendered final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 7, 11, Eul evidence No. 1, witness F's testimony, the purport of the whole pleadings

2. The Plaintiff’s assertion that the lease contract of this case was terminated on July 19, 2018, and thus, the Defendant is obligated to refund KRW 30,000,000 to the Plaintiff.

Even if the instant lease agreement was implicitly renewed, the instant lease agreement was terminated on October 4, 2019, since F, who represented the Plaintiff, demanded the Defendant to return the lease deposit and notified the termination of the contract on October 4, 2018.

Therefore, the defendant from July 20, 2018 to January 4, 2019 to 30,000 won of lease deposit to the plaintiff.