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Reasons
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(영문) 대구지방법원 2020.02.12 2019가단116662
보증금반환
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1. The Defendants jointly share KRW 70,000,000 with respect to the Plaintiff and Defendant B from March 1, 2019 to May 16, 2019.

Reasons

1. Facts of recognition;

A. On September 23, 2011, the Defendants completed registration of initial ownership relating to each of 1/2 shares among the 4th floor buildings on the 4th floor (hereinafter “instant building”) of Daegu Suwon-gu, Daegu-gu, and one other (hereinafter “instant building”).

B. On November 8, 2012, the Plaintiff entered into a lease agreement with Defendant B and the instant building, which sets the lease deposit amount of KRW 50 million with KRW 170.352 square meters on the first floor (hereinafter “instant store”) from November 26, 2012, one year from November 26, 2012, and one year from the lease term of KRW 250,000 per month (hereinafter “instant lease agreement”).

C. The Plaintiff operated a restaurant at the instant store, and on October 2014, the lease deposit under the instant lease agreement was increased to KRW 70 million, and the rent was KRW 2.7 million per month.

The Plaintiff paid rent of KRW 70 million to the Defendant B until September 7, 2017, and the subsequent rent was paid to the Defendant C.

On October 2018, the Plaintiff notified Defendant C of his/her intention to terminate the instant lease agreement to Defendant B on November 21, 2018. The notice of termination to Defendant B reached November 23, 2018. The Plaintiff delivered the instant store to Defendant C on February 27, 2019 at the latest.

[Ground for recognition] Defendant B: The fact that there is no dispute, Gap's evidence Nos. 1, 3 through 10, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) Defendant B entered into the instant lease agreement upon delegation by Defendant C. Since the instant lease agreement was terminated, the Defendants are jointly obligated to jointly return the lease deposit amount of KRW 70 million to the Plaintiff. Defendant C’s assertion did not participate in the instant lease agreement, and did not receive the lease deposit, and thus, the Plaintiff did not have any obligation to return the lease deposit to the Plaintiff.

B. 1) On the above facts of recognition, Gap evidence No. 2 (the result of the party's personal examination against defendant B) is established.

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