(영문) 창원지방법원 2020.04.09 2019가단107664

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(영문) 창원지방법원 2020.04.09 2019가단107664

보증금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 1, 2018, the Plaintiff and the Defendant concluded, from the Defendant, a lease agreement with the Defendant, setting the lease deposit amount of KRW 250 million (payment for contract deposit of KRW 250 million, the remainder of KRW 225 million, and the payment on December 28, 2018) and the lease term of KRW 250 million from December 28, 2018 to December 27, 2020 (hereinafter “instant lease agreement”).

By December 1, 2018, the Plaintiff paid the Defendant a down payment of KRW 25 million as stipulated in the above lease agreement.

B. A contract (A evidence 1; hereinafter “instant contract”) prepared at the time of entering into the instant lease agreement includes the following provisions:

Article 7: Where a lessor or lessee has failed to perform the terms and conditions of this contract, the other party may demand in writing the person who has failed to perform the contract and cancel the contract. In such cases, the parties to the contract may respectively claim damages arising from the cancellation of the contract to the other party, and the contract deposit shall be deemed to be the basis for compensation for damage, unless otherwise agreed."

4. Acknowledgement of the lessee's loan of the lease fund.

C. On December 19, 2018, the Plaintiff intended to obtain a loan of KRW 200 million from the Defendant to pay the remainder of the lease agreement of this case to the Defendant, and the Defendant changed the procedure for consent to the loan of the lease of this case.

The Defendant demanded that the Defendant agreed to the lease contract of this case. Accordingly, the Defendant merely premised on the premise that the loan was up to KRW 90,000,000 at the time of the conclusion of the lease contract of this case, and there was no promise to consent to the loan of the lease of the lease of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the loan of KRW 200,000,000, and thus, the Plaintiff cannot comply with the Plaintiff’s request for the implementation of the procedure for consent to the loan of the lease of the deposit of the deposit of the deposit of the lease of the deposit of the lease of

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