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Reasons
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(영문) 서울동부지방법원 2015.04.22 2014가단128862
임대차보증금
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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from July 3, 2014 to October 15, 2014.

Reasons

1. Facts of recognition;

A. On June 21, 2013, the Plaintiff leased a deposit of KRW 50 million, KRW 50 million per month, KRW 650,000 per month, KRW 30,000,000 for management expenses, and period from July 3, 2013 to July 2, 2014, from the Defendant’s housing of Songpa-gu Seoul Metropolitan Government (hereinafter “instant housing”).

(hereinafter “Lease of this case”). (b)

The Plaintiff had D reside in the instant house on the condition that D pay rent and management expenses of the instant lease.

C. On December 20, 2013, D, acting as if he/she was delegated with the authority of the Plaintiff with respect to the instant lease, and upon cancelling the agreement with the Defendant, D newly concluded a lease agreement with the Defendant, which is KRW 20 million per month, KRW 10 million per month, KRW 30,000,000 per month, KRW 30,000 management fees, and the period from December 20, 2013 to December 19, 2015 (hereinafter “the instant separate lease”), and the Defendant paid KRW 30,000,000,000, which is the difference between the instant lease and the deposit of the instant separate lease.

However, there is no authority delegated to D with respect to the lease of this case, and the defendant received a claim from D for the full return of the deposit amount of the lease of this case, and on July 15, 2014, filed a lawsuit claiming the return of the difference of deposit amount of KRW 30 million from D (Seoul Eastern District Court 2014Da35151) and received a favorable judgment.

E. From December 20, 2013, the Defendant, which entered into the instant separate lease, received rent of KRW 1,000 per month (one million per month) from D for the instant separate lease, and continued to receive a separate lease of this case even after the expiration of the instant lease term.

【In the absence of any dispute over the grounds for recognition, Gap evidence 1 through 5, Eul evidence 2, the result of this court’s response to an order to submit financial information to the National Bank Co., Ltd., the purport of the whole pleadings

2. Determination:

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