(영문) 전주지방법원 2016.09.22 2015나5340 | 리걸엔진

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(영문) 전주지방법원 2016.09.22 2015나5340

약정금 등

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Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On December 20, 2010, in order to operate a golf driving range, the Plaintiff: (a) leased from the Defendant a building for sports facilities of the second floor of the steel-frame framed in the Jeonju-si, Jeonju-si (hereinafter “instant golf driving range”) with the lease period from December 18, 2010 to December 31, 2015; (b) the lease period of KRW 100,000,000 for the rent; (c) the lease period of KRW 8,50,000 for the rent month (on June 5, 2011; and (d) the value-added tax on rent under a special agreement shall be separately paid by the lessee for the repair of all the facilities or for the repair of natural disasters.

(hereinafter “instant lease agreement”). The Plaintiff paid the security deposit to the Defendant around that time, and the Defendant delivered the instant driving range to the Plaintiff.

B. The Plaintiff and the Defendant agreed on May 9, 2012 on the instant lease agreement, and G and B leased the instant golf driving range from the Defendant on May 10, 2012 (However, the lessee is G’s sole name under the lease agreement), and the Plaintiff transferred the instant golf driving range to G and B on the same day.

C. On May 10, 2012, the Defendant paid KRW 30,000,000 to the Plaintiff under the pretext of returning the lease deposit under the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to refund the unpaid lease deposit to the plaintiff. Meanwhile, as seen earlier, the plaintiff is the person who received the refund of the lease deposit amount of KRW 30,000,000 from the defendant. Thus, the defendant is obligated to pay the plaintiff the unpaid lease deposit amount of KRW 70,000,000 (= KRW 100,000 - KRW 30,000,000) and damages for delay.

3. Determination on the defense, etc.

A. As to the allegation on the settlement of lease deposit, the Defendant.

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