(영문) 서울중앙지방법원 2016.02.04 2014가합20986

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(영문) 서울중앙지방법원 2016.02.04 2014가합20986

물품인도 및 임대차보증금반환 및 손해배상

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1. The Defendant (Counterclaim Plaintiff) B and C jointly share the Plaintiff (Counterclaim Defendant) with KRW 92 million from May 1, 2013.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions set forth in Gap evidence 2, 12, Eul evidence 14 (including paper numbers), Gap evidence 15-1 to 7, and the overall purport of the arguments.

Attached Form

The building indicated in the building (hereinafter referred to as "the building of this case") is owned and owned by the defendant B and C, respectively, and the defendant D is the mother of the defendant B and C.

B. On December 10, 2010, Defendant D and the Plaintiff drafted a lease agreement (No. 14 No. 1; hereinafter “instant lease agreement”) between December 20, 2010 and December 20, 2012, with respect to the lessors B, C, the lessee, the Plaintiff, the deposit KRW 100 million, monthly rent KRW 550,000 (including value-added tax on December 20, 201), and the lease agreement (hereinafter “instant lease agreement”) between December 20, 2010 and December 20, 2012.

(hereinafter referred to as the “instant lease contract” which was entered into with the formation of the instant lease contract. We will then examine whether the lessor is the lessor of the instant lease contract.

Meanwhile, around the time of the formation of the instant lease agreement, Defendant D and the Plaintiff agreed to lend part of the expenses for interior works of the instant store to the lessee by the lessor. Accordingly, Defendant D transferred the said expenses to the Plaintiff KRW 70 million. The Plaintiff paid KRW 90 million to Defendant D after deducting the deposit amount of KRW 10 million from KRW 100 million.

For this reason, the instant lease agreement states, “The amount of KRW 80 million that the lessee borrowed from the lessor shall be repaid in installments (29 months) in the amount of KRW 3 million per month after the commencement of business by the lessee, and if the lessee is not liable to do so, it shall be deducted from the security deposit.”

(80 million won stated in the instant lease agreement is referred to as “the loan of this case” from the lessee’s standpoint and “the loan of this case” from the lessor’s standpoint.

The store of this case before the instant lease agreement is inside.

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