(영문) 부산지방법원 서부지원 2018.12.14 2018가단103271

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(영문) 부산지방법원 서부지원 2018.12.14 2018가단103271

보증금반환

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1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 13, 2018 to December 14, 2018.

Reasons

1. Basic facts

A. (1) On April 30, 2016, the Plaintiff entered into a contract with the Defendant to lease the previous rent of KRW 3 million, monthly rent of KRW 500,000,000,000 from June 1, 2016 to June 1, 2020 (hereinafter “instant lease contract”), and paid KRW 3 million of the previous rent deposit on the same day.

In addition, until May 30, 2016, this case's parking lot was delivered.

(2) On the other hand, the original defendant agreed in the special contract clause of the instant lease agreement that “The lessee and the lessee shall compensate ten times the down payment if they violate the contract.”

B. On May 11, 2016, the Plaintiff prepared a parking lot opening business by paying KRW 1 million to the architect office in order to complete the registration of business, and to establish the management office necessary for the operation of the parking lot.

C. However, on May 30, 2016, which is the scheduled date of delivery of the instant parking lot, the Defendant did not deliver the said parking lot to the Plaintiff on the ground that Nonparty D, the former lessee of the said parking lot, refused to deliver the said parking lot by asserting that it had been the previous lessee of the said parking lot.

Although the Plaintiff did not receive the instant parking lot, the Plaintiff paid KRW 500,000 per month to the Defendant for the first time.

【Ground for recognition】 The fact that there has been no dispute, each entry or video of Gap 1 through 4 (including virtual numbers) or the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff refused to comply with the instant lease agreement despite the Defendant’s duty to deliver the instant parking lot to the Plaintiff. Therefore, the Plaintiff’s lease agreement is revoked upon delivery of a duplicate of the instant complaint.

Accordingly, the defendant is liable to the plaintiff (1) to return the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the lease contract.

유사 판례

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