(영문) 수원지방법원 2015.06.23 2014가단13644

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(영문) 수원지방법원 2015.06.23 2014가단13644

보증금반환

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) Defendant B: (a) leased No. 217 through 219 of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of Yong-si (hereinafter “instant golf driving range”); (b) on March 15, 2013, the Plaintiff entered into a sub-lease contract (hereinafter “the instant sub-lease contract”) with Defendant C, a licensed real estate agent, by setting the deposit amount of KRW 30 million, monthly rent of KRW 3250,000, monthly rent of KRW 3250,000, and the lease period from March 16, 2013 to March 15, 2014.

(2) At the time of concluding the instant sub-lease contract, the Plaintiff and Defendant B succeeded to the Plaintiff’s existing members of the instant golf driving range, and did not pay a monthly rent to the Plaintiff, and the Plaintiff and Defendant B agreed to bear 50% of the management fee.

B. The Plaintiff operated the instant golf driving range under the name of Defendant B’s business operator, and when the card device in Defendant B’s name was seized around January 8, 2014, the Plaintiff suspended the operation of the instant golf driving range around January 2014.

Grounds for recognition: Gap 1, 4, 5, and the whole purport of the pleading.

2. The parties' assertion

A. The Plaintiff’s assertion (1) concluded the instant sub-lease agreement with the Plaintiff by hiding these circumstances despite the expiration of the lease term of the instant golf driving range around August 2013, and the unpaid rent and management fees did not remain at all. On January 8, 2014, Defendant B made it impossible for the Plaintiff to operate the instant golf driving range by having the Defendant B’s card device used in the instant golf driving range seized.

As above, Defendant B had the Plaintiff enter into the instant sub-lease contract by deceiving the Plaintiff, thereby causing damage to the Plaintiff. As such, Defendant B is obligated to pay to the Plaintiff the sum of KRW 30 million for the instant sub-lease deposit, KRW 10 million for the succeeded members, KRW 6 million for the members refund, KRW 1.6 million for the credit card sales, and KRW 47.6 million for the credit card sales.

(2) Defendant C is a driving range of the instant case.

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