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Reasons
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(영문) 서울중앙지방법원 2014.07.15 2014가합6102
보증금반환
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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 August 24, 2009, the Plaintiff leased the lease deposit of KRW 100,000 won, KRW 9,000,000 per month, and from September 7, 2009 to September 6, 2014, the term of lease of KRW 601,00,000,000 for the five stories of the building D (hereinafter “No. 501”) owned by Defendant B (hereinafter “No. 601”) from Defendant C, with the lease deposit of KRW 10,00,000,000,000,000,000 from September 7, 2009 to September 6, 2014 (hereinafter “No. 2”).

B. The Plaintiff paid 100 million won each as security deposit to the Defendants pursuant to the lease agreement Nos. 1 and 2.

【Ground for recognition】 An absence of dispute

2. Summary of the parties’ assertion

A. The Plaintiff paid a security deposit to the Defendants pursuant to the terms and conditions of the Plaintiff 1 and 2, and used heading 501 and 601. The Defendants leased heading 501 and 601 to E on February 26, 2013 without the Plaintiff’s consent.

As above, as the lease agreement was terminated on February 26, 2013, the date leased to another person, the Defendants are obligated to pay the Plaintiff the lease deposit amount of KRW 100 million and the damages for delay.

B. The Plaintiff and the Defendants requested the Defendants to change the lessee of the 1 and 2 rental agreement to F, and accordingly, the lessee of each of the above contracts was changed to F.

Therefore, the plaintiff is not a lessee under the above contract, and the defendant cannot respond to the plaintiff's claim.

3. Determination

A. The fact that the Plaintiff and the Defendants concluded the first and second lease agreements is as seen earlier.

B. Meanwhile, in full view of the respective descriptions and arguments in the evidence Nos. 1, 2, 3, 4-1, 2, 5, and 6 of the evidence Nos. 1, 2-2, 3, and 4-1, 2, 5, and 6, Defendant C entered into a contract with F, and the date of entering into a contract with F as of August 24, 2009, under the same conditions as the above contract.

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