beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion: (a) leased approximately KRW 177 of the Eunpyeong-gu Seoul Metropolitan Government’s ground C underground floor D and A stores in KRW 70 million; and (b) KRW 5.2 million per month in the rent; and (c) terminated the lease contract while operating a dance hall; and (d) assigned the business rights of the dance hall to D.
D paid KRW 450 million to the Defendant for the facility cost and the premium for the foregoing dance hall. Although the above dance hall agreed to pay KRW 70 million separately, only the above KRW 450 million was paid, and the above dance hall’s goodwill was transferred to the Defendant.
Therefore, only after filing a lawsuit claiming the return of the deposit against the lessor on the ground that the Plaintiff did not receive the repayment of the deposit, the Plaintiff became aware that the Defendant was paid KRW 10 million with the remainder of the lease deposit deducted from the lessor’s delinquency in paying the deposit, while delivering the leased object despite the Defendant’s failure to pay the deposit to the lessor.
Although the Defendant did not have the right to the above lease deposit, received unjust profits from the return of the lease deposit to the Plaintiff, and obstructed the Plaintiff’s recovery of the deposit by directly receiving the lease deposit to be refunded from the lessor, the Defendant is obligated to pay the Plaintiff the amount of KRW 70 million, which is equivalent to the above lease deposit, and delay damages therefrom.
B. The Defendant alleged that the Defendant lent KRW 70 million in total to the Defendant, who is the agent of D, for the purpose of entering into a dance hall, on two occasions in order to have the money needed to enter into the dance hall. However, upon demanding E to repay the loan thereafter, the Defendant decided to transfer the right to return the lease deposit of the dance hall to the Defendant, and changed the lessee’s name to the Defendant.
However, since the lease deposit is discovered later, there is no amount remaining after all deduction due to overdue rent and public charges.