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(영문) 수원지방법원 2019.12.19 2019가단525197
임대차보증금
Text

1. The defendant shall pay 45,800,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. The parties' assertion

A. On May 26, 2018, the Plaintiff entered into a lease agreement with Plaintiff C (hereinafter “Nonindicted Company”) who represented by the Defendant on the terms that the Plaintiff leased the Plaintiff with the lease deposit amount of KRW 50,000,000, monthly rent of KRW 600,000, and the term of lease from May 26, 2018 to May 25, 2019, and paid KRW 50,000,000 to the Nonparty Company represented by the Defendant.

However, after the lapse of May 25, 2019, the above lease contract has expired.

Therefore, the Defendant is obligated to pay KRW 45,800,000 (=50,000,000-4,200,000) remaining after deducting the total monthly rent of KRW 4,200,000 (from May 2019 to November 2019) that the Plaintiff paid to the Plaintiff as above (i.e., KRW 50,000,000).

B. It is true that Defendant (1) concluded a lease agreement between the Plaintiff and the Plaintiff in the form of representing the Defendant.

(2) However, the defendant only delegated the right to lease the leased building of this case to the non-party company on condition of deposit 10 million won, monthly rent 1.1 million won, and did not delegate the right to lease on condition of the lease agreement as asserted by the plaintiff.

(3) Even if the Defendant delegated the right to lease the instant leased building to the Nonparty Company in accordance with the terms and conditions of the lease agreement as asserted by the Plaintiff, the terms and conditions of the lease agreement asserted by the Plaintiff stipulate to the effect that “the liability for the return of deposit shall be borne by C at the head office.” Thus, the subject of the obligation to return deposit under the lease agreement is the Nonparty Company, and the Defendant is not the subject of the obligation to return

2. Determination

A. (1) The Plaintiff is a non-party company that represented the Defendant on May 26, 2018.

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