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(영문) 대전지방법원홍성지원 2014.12.16 2014가단6169

임대차보증금반환

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 January 15, 2007, the Plaintiff entered into a lease contract with the Defendant, setting the lease deposit amount of KRW 100,000,000,000,000 from January 5, 2007 to January 15, 2010, with respect to a building of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

B. The Plaintiff operated the wedding hall in the above building (hereinafter “the instant wedding hall”). While renewed the instant lease agreement, the Plaintiff newly prepared a lease agreement under the name of the Defendant and lessee D, E, F, G, and H.

C. Meanwhile, the lease deposit between the Defendant and I exists on December 1, 201, which is from December 1, 201 to November 30, 2012, between the lease deposit amounting to KRW 100,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1 to 7

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant lease contract was renewed by the method of preparing a lease contract with the nominal lessee by the year 2012, and the lease contract with I as the lessee is one of the contracts prepared by the renewal of the instant lease contract. The Plaintiff transferred the instant wedding hall’s right to operate the instant wedding hall, excluding the right of lease, to E around 2011, and the Plaintiff agreed to terminate the instant lease contract with the Defendant upon the transfer of the right to operate the instant wedding hall to a third party around 2013. However, the Defendant asserted that the lease deposit was returned to I, a lessee, and refused to return the lease deposit. The Defendant is obliged to pay KRW 100 million and delay damages to the Plaintiff. 2) The Defendant transferred the instant wedding hall to E.