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(영문) 수원지방법원 2017.08.08 2016가단519894
임대료청구
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1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 28, 201, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on a rent of KRW 2,00,000 per month and the lease term from November 28, 201 to November 28, 2013, under which the Plaintiff and the Defendant concluded a lease agreement with the Defendant to change the deposit amount of KRW 40,00,000 (hereinafter “instant lease agreement”), and on August 3, 2012, the Plaintiff and the Defendant agreed to convert the lease deposit amount of KRW 40 million paid to the Plaintiff by the Defendant into monthly income, and no dispute exists between the Plaintiff and the Defendant that the Plaintiff received the deposit amount of KRW 40,00,000 as advance payment as the deposit amount of KRW 40,00,00,000,000 from November 28, 2013, or the purport of subparagraph 12-2 of the entire pleadings is acknowledged.

2. The assertion and judgment

A. According to an agreement to convert the Plaintiff’s alleged deposit of KRW 40 million into monthly rent, all rents for the period of November 2013 were appropriated as security deposit. Since the Defendant did not pay the rent under the instant lease agreement thereafter, the Defendant is obligated to pay the unpaid rent to the Plaintiff.

B. In full view of the following circumstances, including each evidence prior to the determination, Gap evidence No. 29, Eul evidence No. 30, and Eul evidence No. 3, and witness D’s testimony, the court below, upon examining the following circumstances, imposed both the charges on the defendant as well as the instant restaurant during the term of the instant lease agreement, on the part of other possessions of the instant building. However, during the process of resolving this issue, the plaintiff was unable to seek new lessee due to a number of seizures and establishment registration of the instant building, the commencement of public sale of the instant building, etc., and thus, it was difficult for the plaintiff to seek new lessee.

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