(영문) 부산지방법원 2017.02.15 2016나2304 | 리걸엔진

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(영문) 부산지방법원 2017.02.15 2016나2304

임대차보증금

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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On November 20, 2013, the Plaintiff entered into a sub-lease contract with the Defendant to set up a wooden building (hereinafter “instant sub-lease contract”) at the place where the instant sub-lease contract was made (hereinafter “instant sub-lease contract”) with the Defendant as to the end portion of the Dcafeteria located in Busan Metropolitan City, Busan Metropolitan City, and KRW 3,000,000, monthly rent, and the lease term until November 19, 2015.

B. On February 13, 2015, the Plaintiff removed the gas facilities inside the instant building, and thereafter did not run the gas business from around that time, and the said building was removed on October 18, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 9 and the purport of the whole pleadings

2. The Plaintiff asserted that the instant sub-lease contract was terminated, since the Plaintiff notified the Defendant of the termination of the contract due to the difficulties in the pertinent sub-lease business, and removed the interior facilities of the building on February 13, 2015.

Therefore, the defendant is obligated to pay to the plaintiff KRW 3,000,000 and delay damages for the sublease deposit.

3. Determination as to the cause of action

A. The evidence submitted by the Plaintiff alone is insufficient to recognize that the instant sub-lease contract was lawfully terminated on or around February 13, 2015, and there is no other evidence to acknowledge it. Therefore, this part of the Plaintiff’s assertion is without merit.

B. However, the fact that the Plaintiff entered into the instant sub-lease contract with the Defendant and paid KRW 3,00,000 to the Defendant after making the sub-lease contract is as seen earlier. The Plaintiff removed the instant building on October 18, 2015 and thereafter returned the end portion, which is the object of sub-lease at that time, to the Defendant, and thus, there is no dispute between the parties that the said sub-lease contract was terminated. Thus, barring any special circumstance, the Defendant is the remainder after deducting the unpaid monthly rent from the said sub-lease deposit 3,00,000 to the Defendant until that time.

유사 판례

-서울중앙지방법원 2015.10.14 2015나11549

-창원지방법원 2016.01.06 2015나5853

-대법원 2016.04.29 2015다78550

-대법원 2016.4.29.선고 2015다78550 판결

-인천지방법원 2017.01.13 2015가단239507