(영문) 부산고등법원 2015.09.17 2014나53561

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(영문) 부산고등법원 2015.09.17 2014나53561

시설비 및 영업손실 반환

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1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. On February 5, 2013, the Plaintiff entered into a special agreement with Defendant B, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 1.5 million, and from February 15, 2013 to February 14, 2015, and entered into the said special agreement with the following terms: (a) the Plaintiff paid the lease deposit amount of KRW 20 million, and KRW 50 million in installments to the said Defendant on February 5, 2013, and KRW 10 million on February 7, 2013.

1. Where a balance of KRW 30 million is not paid on June 30, 2013, the rent of KRW 1.8 million shall be paid monthly.

2. In the event that the commercial building of this case is sold and sold and the lessee is required to withdraw, the lessor shall pay the city facility.

② After the conclusion of the above lease agreement, the Plaintiff borrowed KRW 14 million from Defendant B on March 4, 2013. On July 2, 2013, the amount of KRW 10 million out of the lease deposit already paid between Defendant B and Defendant B would be allocated to the Plaintiff as part of the Plaintiff’s above loan obligation against Defendant B (in this case, the lease deposit actually paid to Defendant B became KRW 10 million), and the Plaintiff would pay KRW 30 million in total as of August 30, 2013 and September 30, 2013, with the amount of KRW 10 million as of September 30, 2013, and the amount of KRW 1,50 million should be determined as of July 15, 2013 to be KRW 160,000 if the Plaintiff did not pay the lease deposit by September 30, 2013.

③ On July 12, 2013, the Plaintiff repaid the remainder of the borrowed amount of KRW 4 million to Defendant B. Meanwhile, on July 17, 2013, Defendant B sold the instant commercial building to Defendant C with an agreement with the following content:

1. The buyer shall confirm and succeed to the lessee's deposit 10 million won; and

2. No liability shall be borne by any person other than KRW 10 million.

④ On August 31, 2013, the Plaintiff was obligated to pay the lease deposit additionally to Defendant B.

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