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Reasons
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(영문) 서울남부지방법원 2015.12.17 2015가단211344
손해배상금
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On January 27, 201, in order to operate a wedding business, D leased a lease deposit of KRW 200 million (the contract amount of KRW 20 million, the remainder of KRW 180 million, the contract amount of KRW 16 million, and the lease term of KRW 20 million) between the Defendant C Co., Ltd. (hereinafter “Defendant C”) and the two years (hereinafter “the lease of this case”).

B. On March 30, 201, the Plaintiff entered into a partnership agreement with D to operate a wedding hall in the building leased by D as a partnership business. From March 30, 2011 to June 24, 2011, as part of the lease deposit of the instant lease agreement, the Plaintiff remitted the sum of KRW 110 million to the Defendant C’s account, and thereafter, on July 22, 2011, D decided to terminate the partnership relationship with the Plaintiff, the Plaintiff drafted a letter of waiver of transfer with the purport that “all rights and business regarding the down payment of the Party Deposit and the Securities Holdings are transferred” to the Plaintiff.

C. On December 13, 2011, Defendant C sent to D a certificate of content that “The instant lease agreement is terminated on the ground that the balance of the lease deposit was not paid and the monthly rent was not paid.” Defendant C did not receive the remainder of the lease deposit amount of KRW 70 million and the rent after March 20, 201, in addition to the lease deposit amount of KRW 130 million received through D or the Plaintiff.

On the premise that the Plaintiff himself/herself is a joint lessee of the instant lease agreement, the Seoul Southern District Court Decision 201Gahap23553 rendered a judgment against the Defendant C on November 28, 2013. The Seoul Southern District Court appealeded the case of Seoul High Court 2014Na149, but was sentenced to a judgment against the Plaintiff on October 28, 2014. While the Plaintiff appealed, it was dismissed on March 12, 2015.

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