logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.04.25 2019가단73815
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On April 30, 2015, the Plaintiff: (a) determined the lease deposit amount of KRW 30 million from May 1, 2015 to April 30, 2017; (b) paid KRW 30 million to the Defendant on the same day; (c) paid KRW 140 million to the previous lessee; and (d) operated D Public Notice KRW 10 million from the instant building.

B. Around August 2016, the Plaintiff transferred the instant building and D’s business to the Defendant and a third party, and thereafter, received a total of KRW 170 million, including KRW 30 million and KRW 140 million for the said lease deposit, and delegated the said business to the Defendant.

C. Since then, the Plaintiff, the Defendant, and Nonparty E entered into a contract with F on August 19, 2016 that: (a) E may manage and promote the lease of the instant building and D Gosiwon’s business for three months; and (b) make the new lessee available for transfer by physical color.

Nevertheless, the Defendant and E still did not perform the above contract and still did not pay rent, etc. to the Plaintiff as if the Plaintiff became a business proprietor by using the business registration in the name of the Plaintiff. However, the Plaintiff and the Defendant directly concluded a lease contract from May 1, 2017 when the lease contract was terminated between the Plaintiff and the Defendant, and the Plaintiff did not fully pay the lease deposit, premium, business income.

E. Therefore, the Defendant is obligated to pay the Plaintiff KRW 170 million in total, including KRW 30 million, KRW 140 million, premium for real estate lease and KRW 170 million.

2. Determination

A. According to the respective statements in the evidence Nos. 4 and 5, the lease deposit amount of KRW 30 million was concluded on May 1, 2017, following the termination of the Plaintiff’s lease agreement on the instant building, Defendant and E entered into a lease agreement on the instant building, and KRW 30 million paid by E to the Defendant.

arrow