(영문) 서울고등법원 2015.01.16 2013나61550

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(영문) 서울고등법원 2015.01.16 2013나61550

임대차보증금 반환

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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Facts of recognition;

A. On September 13, 2010, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant and the second floor of Jongno-gu Seoul E building (hereinafter “instant building”) around September 13, 2010.

(C) The term of the lease deposit is 50 million won, monthly rent of KRW 11,00,000 (excluding value-added tax), and the term of the lease from September 16, 2010 to September 15, 2012 (hereinafter “instant lease agreement”).

In concluding the instant lease agreement, the Defendant agreed to increase the monthly rent of KRW 100 million from the following month if the Plaintiff returned KRW 500 million of the lease deposit to the Plaintiff as the special terms and conditions. After receiving the refund of KRW 100 million, the Plaintiff changed the lease deposit to KRW 40 million and KRW 12 million of the monthly rent (value added tax). Meanwhile, at the time of entering into the instant lease agreement, the Plaintiff paid KRW 500 million to the former lessee, who is not the Defendant, at the time of entering into the instant lease agreement, instead of paying the lease deposit to the Defendant.

B. Contract 1 between F and C is a contract between F Co., Ltd. and C. The Plaintiff is a F Co., Ltd. (hereinafter “F”) while operating main points in the instant building.

(2) Although the Plaintiff was supplied with alcoholic beverages from the Plaintiff, the F’s representative director H was a director G, and the director G was a type of the Plaintiff. (2) The Plaintiff was introduced from I on June 2012, to start the business of the instant building due to the occurrence of circumstances where it was difficult to operate the said main points prior to the expiration of the lease term stipulated in the instant lease agreement.

3) Meanwhile, in order to open the main points in the instant building, C lacks funds, and upon introduction of G from I, who is a director of F, demanded L to borrow money. F made a loan to C with the exclusive supply of alcoholic beverages to C at the main point to start a business in the instant building. D) F and C extended money to the Defendant around July 2012.

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