beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. On March 10, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as to the shop Nos. 1 of the former D 1st underground floor during Ansan-si (hereinafter “instant shop”) with a term of KRW 50 million and one year for lease (hereinafter “instant shop”). On March 23, 2012, the Plaintiff paid the down payment amount of KRW 5 million on the date of the contract, and the remainder of KRW 45 million on March 23, 2012, and separately paid the Defendant KRW 30 million as the facility investment premium.
B. However, around March 23, 2012, E wishing to operate the instant commercial building on behalf of the Plaintiff and agreed to enter into a new lease agreement on the said commercial building under the same conditions as the instant lease agreement with C represented by the Defendant. Accordingly, on April 23, 2012, the Plaintiff terminated the instant lease agreement with the Defendant.
C. Therefore, the defendant shall return to the plaintiff the remaining 40 million won after the partial return of the lease deposit, and return the 30 million won paid as the facility investment premium to the plaintiff as unjust enrichment. The defendant is obligated to pay to the plaintiff 70 million won and delay damages.
2. Comprehensively taking into account the purport of the entire pleadings as to the statement No. 1 in the board: (a) the Plaintiff entered into the instant lease agreement with C on March 10, 2012, setting the lease deposit of KRW 50 million with respect to the instant commercial building; (b) KRW 3.2 million per month; and (c) from March 29, 2012 to March 28, 2013; and (c) the Plaintiff agreed to pay the down payment of KRW 5 million on March 29, 2012, separately from the above lease agreement, to pay KRW 30 million with the Defendant as the deposit for facility investment; and (d) the Plaintiff paid the Defendant the remainder of the lease deposit of KRW 5 million on March 23, 2012; and (e) the Plaintiff paid the remainder of the lease deposit of KRW 35 million to the Defendant on March 23, 2012 as the deposit for facility investment; and