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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 18, 2012, the husband C of the Plaintiff’s basic facts entered into a lease agreement with the Defendant on the lease of D name to set the rent of KRW 300,000,00, monthly rent between E, F, and ground gas stations, and the facilities of gas stations (hereinafter “G gas stations”) owned by the Defendant, and operated a G gas station from around that time.
In the above lease contract, the rental deposit is stated as KRW 250 million.
On October 16, 2018, the Plaintiff agreed to change the name of the Defendant and lessee to the Plaintiff, and entered into a lease agreement with the Defendant on a monthly rent of KRW 300,000,000 from November 1, 2018 to October 30, 202 (hereinafter “instant lease agreement”).
The lease deposit is KRW 250 million in the instant lease contract.
In lieu of the payment of the lease deposit under the instant lease agreement with the Defendant, the Plaintiff agreed to take over the obligation of collateral security loans (the maximum amount of claims KRW 240 million) against H, a stock company with G gas station land and a building as collateral, and pay the interest on the loan.
On December 31, 2018, the Defendant agreed to sell G gas station land and buildings to I, a stock company, and to terminate the instant lease contract with the Plaintiff around that time.
On February 28, 2019, the Defendant returned KRW 200 million to the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 evidence, the purport of the whole pleadings
2. The Plaintiff’s assertion regarding the Plaintiff’s claim: (a) the Plaintiff’s husband C set and leased a G gas station as KRW 250 million from the Defendant; (b) the Plaintiff’s husband C succeeded to the obligation of collateral security established on the land and building of the G gas station in consultation with the husband K of the J, which is the immediately preceding lessee, and paid KRW 200 million to J; (c) the Plaintiff succeeded to the obligation of collateral security established on the land and building of the G gas station; and (d) while the Plaintiff succeeded to the lessee’s status from C, the lease deposit was KRW 250 million in the instant lease agreement.