(영문) 서울서부지방법원 2015.12.10 2015나31906

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2015.12.10 2015나31906

양수금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 6, 2010, C Co., Ltd. (hereinafter referred to as “C”) leased the entire first floor of D’s building located in Seocheon-si (hereinafter referred to as “the instant building section”) from the Defendant during the lease period of KRW 30 million, KRW 1.5 million per month, the lease period of KRW 1.5 million per month, and from May 6, 2010 to May 5, 2012. Around that time, the Defendant paid the lease deposit to the Defendant, and operated a screen golf course (hereinafter referred to as “scke golf course” in this case) at the same place.

B. C returned KRW 10 million out of the above lease deposit from the Defendant, and on August 18, 2014, transferred to the Plaintiff the remainder of KRW 20 million, and notified the Defendant on the 22th of the same month.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the above lease contract terminated upon the expiration of the term.

Therefore, the defendant is obligated to pay the remainder of KRW 10.5 million after deducting the overdue charge of KRW 9.5 million from the lease deposit that has not been refunded to the plaintiff as requested by the plaintiff, unless there are special circumstances.

B. As to this, the Defendant asserts that C transferred the status of lessee to G via E and F, and further, as C did not pay a total of KRW 12,200,000,000, such as rent, electricity, water rate, etc. even during the lease period of G, the lease deposit was due except for the already refunded KRW 10,000,000.

In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 4 and Eul evidence Nos. 1 and 2, C had H and F register with each business entity from May 201, during the above lease term, and had H and F operate the instant screen golf course. However, 9.5 million won, after the Plaintiff was in arrears, is the person with overdue rent and deducted from the Plaintiff.

유사 판례

-서울서부지방법원 2014.12.23 2013가단24750

-수원지방법원 안산지원 2018.01.24 2017가단58970

-전주지방법원 2017.11.17 2017가단11836

-서울남부지방법원 2015.10.23 2014가단53176

-인천지방법원 2015.05.06 2014가단81152