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Reasons
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(영문) 서울고등법원 2019.01.17 2018나2023450
보증금반환
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. On May 9, 2016, Nonparty J Co., Ltd (hereinafter “Nonindicted Company”) entered into a lease agreement with Defendant B with regard to the lease term of KRW 20 million for five years from December 10, 2015, with respect to the lease deposit amount of KRW 20 million, KRW 15 million per month and KRW 15 million per month of rent (hereinafter “instant lease agreement”).

B. On May 19, 2016, Defendant B entered into a sub-lease contract (hereinafter “sub-lease contract of this case”) with the Plaintiff on May 21, 2016, under which the Plaintiff and the Plaintiff entered into a sub-lease contract with the first basement (hereinafter “sub-lease contract of this case”) for two years from May 21, 2016 during the sub-lease period and 260,000,000 won (no monthly rent) of the sub-lease deposit (hereinafter “sub-lease contract”).

C. The Plaintiff paid 260,000,000 won to Defendant B, and thereafter, from May 21, 2016 to Nonparty F, G, H, and I, the Plaintiff carried out the business in the tax office of this case with Nonparty F, G, H, and I.

On January 10, 2018, the non-party company notified that the lease contract of this case was terminated on the ground that the non-party company failed to pay more than two vehicles, and was sentenced to the judgment for claimant on January 10, 2018 by filing a lawsuit for the delivery of the commercial building

(Dacheon District Court 2017Gahap102081.e)

After that, the Plaintiff handed over the instant world to Defendant B, and the non-party company legitimately occupied the entire instant shopping district including the instant world room as of September 14, 2018.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 22, the purport of the whole pleadings

2. According to the facts of the above recognition, the conclusion of the sub-lease contract of this case by Defendant B constitutes commercial activities for all joint business operators of bath houses.

This case.

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