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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. Nonparty C leased a gas station in Pyeongtaek-si D (hereinafter “instant gas station”) (a lessee under the lease agreement, but the actual operation of the gas station in the instant case was conducted by F, the Dongin of C), and the Defendant, as the owner of the instant gas station, is the owner of the instant gas station, who leased the gas station to C.
B. C borrowed the operating capital of the gas station from the Plaintiff, and until now the Plaintiff remains the obligation to borrow KRW 46,826,830.
C. On July 31, 2018, C entered into a lease agreement with the Defendant with respect to the instant gas station (hereinafter “instant lease agreement”) with the terms of KRW 150,000,000,000 (Provided, That the period shall be the grace period for two months from the date of commencing the business, and the rent shall be KRW 8.5 million per month, while the period of grace shall be the rent shall be the amount of KRW 8,50,000 per month), monthly rent (Additional rent), and from July 31, 2018 to August 15, 2021, C paid the Defendant KRW 150,000,000,000 of the lease deposit (hereinafter “instant lease agreement”).
Article 8 of the instant lease agreement provides that “C shall not transfer the rights and obligations under this Agreement to any third party and shall not sublet all or part of the leased property to any third party.” Article 9 of the instant lease agreement provides that “C shall terminate this contract in the event that there is an accident (such as suspension of business and fine for negligence, etc.) caused by fake names and other oil sales business during the operation of a gas station, and shall be liable for all economic, administrative (including various civil and criminal liability) arising therefrom, and the deposit for lease shall be reverted to the Defendant (hereinafter “instant special agreement”).”
C around August 8, 2018, upon transferring the right to refund the lease deposit to the Plaintiff, C notified the Defendant of the transfer on or around August 21, 2018, and the notification reached the Defendant on or around August 23, 2018.
(e) Of Pyeongtaek-si, the head of branch office among the head of branch office shall grant the C Petroleum Business Act around November 13, 2018.