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Reasons
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(영문) 대구지방법원김천지원 2016.01.27 2015가단5022
임차보증금
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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 February 27, 2009, the Defendant leased the Plaintiff an unauthorized building located in Gumi-si C (hereinafter “instant building”) with the deposit of KRW 60 million and the lease period from February 27, 2009 to February 28, 2011.

(hereinafter “Lease of this case”). (b)

The Plaintiff’s punishment D deposited KRW 20 million to the Defendant on February 25, 2009, KRW 20 million to the Defendant on February 26, 2009, KRW 20 million to the Defendant on February 26, 2009, and KRW 20 million to E on February 26, 2009.

C. The Plaintiff was detained on May 14, 2010, and was confined to Daegu Prison on May 24, 2010.

The Defendant leased the instant building to F on August 2, 2010 by setting the deposit amount of KRW 35 million, monthly rent of KRW 1 million, and the lease period from August 2, 2010 to August 1, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant should return the lease deposit of this case to the plaintiff 60 million won.

B. The defendant asserted that the contract of this case was concluded with the plaintiff, and only KRW 20 million was paid.

The Plaintiff received deposit KRW 35 million from the Plaintiff while subleting the instant building to F. Therefore, the Defendant is obliged to return KRW 15 million from the Plaintiff.

3. In the following circumstances, as a result of the order to submit each financial transaction information to the head of the No. 1 and No. 9, the head of the No. 1 and No. 9 of this Court, and the head of the No. 330,000,000 won in cash, the full amount of which was deposited to the Defendant immediately after D deposited KRW 40,000,000 in cash, KRW 14 million in check, KRW 6 million in check, and KRW 20,000 in check, and KRW 14,000 in cash, and KRW 20,000 in cash, the two copies of the check are paid to D; the Defendant appears to have prepared a written request to withdraw KRW 14,00,000 in cash, and the Defendant appeared as witness in the Plaintiff’s criminal case, and testified to the effect that “the Plaintiff received KRW 20,000,000 from the Plaintiff.”

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