(영문) 서울중앙지방법원 2014.10.31 2014가합500659 (2)

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(영문) 서울중앙지방법원 2014.10.31 2014가합500659 (2)

연대보증금채무이행 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged based on the following facts: (a) there is no dispute between the parties; (b) evidence No. 1-9; (c) evidence No. 1-2; and (d) evidence No. 1-3; and (c) the overall purport of the pleadings.

① Around August 3, 2009, according to D’s proposal that is the husband of C, the Plaintiff, the Defendant agreed to operate the Felel on the seventh floor of the E-building in order to distribute the profits therefrom according to the ratio of the investment amount by investing each of KRW 150 million by C, and KRW 80,000,000.

Accordingly, on August 6, 2009, the above Moel Development Co., Ltd. and the former lessee Co., Ltd., U.S., Ltd., and C concluded a lease agreement with the lessee as to the lease deposit of KRW 380,000,000,000 monthly rent of KRW 15,000,000,000 from September 1, 2009 to August 31, 201.

② From March 30, 2010 to October 10, 2013, C paid the Plaintiff the sum of KRW 188,680,000 among the operating earnings of the said her her her her her her her her her her her her her her her her her her her her her her her

③ At present, the business or partnership relationship of the telecom is terminated.

2. The plaintiff's assertion and judgment were received KRW 120 million from the defendant and C from the transferee of the above apartment building, and the defendant et al. are obligated to pay KRW 47,364,00 corresponding to the plaintiff's share among them. However, there is no evidence to deem that the defendant et al. received KRW 120 million due to the return of the lease deposit for the above apartment. However, in light of the fact that the plaintiff et al. asserted that the claim for the refund of the lease deposit was extinguished due to delayed payment of rent at the time of the filing of the lawsuit in this case, it is reasonable to deem that the above lease deposit was extinguished in entirety, and there was no amount to be returned at the time of the termination of the contract. Thus, the plaintiff's assertion cannot be accepted.

(Plaintiffs received a total of KRW 188,680,000,000,000,000 from C as operating earnings.

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