(영문) 서울중앙지방법원 2017.12.08 2016가단115256

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(영문) 서울중앙지방법원 2017.12.08 2016가단115256

임대차계약

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2014, the Defendant entered into a lease agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) to lease the leased property KRW 135 million (excluding value-added tax), monthly rent of KRW 135 million (excluding value-added tax), and from June 30, 2014 to June 30, 2016 (hereinafter “instant lease agreement”).

B. Nonparty Company agreed to cancel the instant lease agreement with the Defendant around June 23, 2015, where the term of lease remains one year, while using and benefiting from the subject matter of the instant lease in accordance with the instant lease agreement.

C. On June 30, 2015, Nonparty Company delivered the subject matter of the instant lease to the Defendant, and the Defendant settled and paid the remainder of the lease deposit after deducting the sum of KRW 22,275,000,00 (1,350,000 x 1.1) equivalent to the rent for the 15th day of a month from the lease deposit (1,350,000 x 1.5) from the non-party Company and KRW 6 million in the name of the brokerage commission.

On June 9, 2016, the non-party company notified the Defendant that it transferred the deposit amount of KRW 28,275,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff acquired the right to refund KRW 28,275,00,000 unilaterally deducted by the Defendant from the Nonparty Company, and the Defendant is obligated to pay KRW 28,275,00 to the Plaintiff.

B. On June 23, 2015, the non-party company and the defendant agreed to deduct the rent of KRW 22,275,00 equivalent to the 15th day of a month from the lease deposit and the amount equivalent to the brokerage commission for seeking a new lessee from the rent of KRW 6 million. Thus, the defendant is not obliged to pay the lease deposit additionally.

C. Determination No. 2, No. 3, 7, 9.

유사 판례

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