(영문) 대전지방법원 2015.08.27 2014나14199

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(영문) 대전지방법원 2015.08.27 2014나14199

임대차보증금반환

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On January 30, 2013, the Defendant: (a) leased the 2nd floor C from D to operate the E store (hereinafter “instant store”); and (b) concluded a contract with the Plaintiff to transfer the instant store business right to KRW 90 million to the Plaintiff (hereinafter “instant transfer contract”) on January 30, 2013.

At the time of the instant transfer contract, the Defendant delivered the instant store to the Plaintiff by February 5, 2013, while the Plaintiff paid KRW 70 million to the Plaintiff by February 5, 2013, and the Plaintiff paid KRW 20 million to the Plaintiff by May 6, 2013, and then changed the name of the instant store registered in the name of the Defendant and agreed to be transferred the Defendant’s claim for return of KRW 20 million to D.

B. At the time of the instant transfer contract, the Plaintiff agreed to entrust F with the operation of the instant store, and to receive part of the monthly revenues from F. From February 6, 2013, F began to operate the instant store from February 6, 2013, but was detained due to traffic accidents around June 2013, the Plaintiff continued to operate the instant store directly by using the Defendant’s business registration from July 2013 to August 201 of the same year until the change of the name under the Plaintiff’s name.

C. Meanwhile, on May 9, 2013, the Plaintiff paid KRW 20 million to the Defendant as the above lease deposit. However, around July 2013, when entering into a new lease agreement with D, only the remaining claim for refund of deposit amount of KRW 70,000,000 after deducting the overdue rent from the Defendant, was acquired from the Defendant. Around that time, the Plaintiff was paid KRW 5 million with the settlement amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 9, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff paid 20 million won to the defendant as the deposit for lease, but the remaining deposit is merely 7040,000 won.

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