(영문) 부산지방법원동부지원 2019.01.16 2016가단217040

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(영문) 부산지방법원동부지원 2019.01.16 2016가단217040

현물출자대금 반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 10, 201, the Plaintiff entered into a lease agreement with D on the premise that the lease deposit amount of KRW 100 million (hereinafter “instant lease deposit”), monthly rent of KRW 100,000,000, and KRW 27.08 square meters of the first and fourth floors among the buildings located in Busan-gun E, Busan-gun (hereinafter “instant store”) owned by C, and paid the full amount of the lease deposit to D around that time.

B. Around December 10, 2012, the Plaintiff, who operated the pharmacy at the instant store, requested D to accept the request from D to “A, because the circumstances of the Defendant Company run by B and C are somewhat difficult. A written lease agreement with the Defendant Company is stamped. A written lease agreement with the Defendant Company. It is demanded that the Plaintiff will return the rent deposit for the Party.”

C. Around December 2012, D had the Plaintiff prepare a lease agreement that leases the instant store in the monthly rent of KRW 1 million with the Defendant Company without the lease deposit. D.

After that, D did not have the intent or ability to return the instant lease deposit to the Plaintiff.

As described in Paragraph (1), a public prosecution was instituted on September 7, 2018 with the purport of deceiving the Plaintiff to waive the claim for the return of the lease deposit of this case, and the judgment of conviction was finalized around that time by the Seoul Central District Court (Seoul Central District Court 2018Da1599).

The details of the above conviction shall be as follows:

C is the owner of the building E in Busan, and the defendant D is the person who leases the building and manages the pharmacy in the building on behalf of the defendant C, and the victim A is the person who leases the first floor F pharmacy in the building from C and operates the pharmacy.

Defendant

D around March 10, 201, at the Busan-gun, Busan-gun, the defendant C, on behalf of the defendant C, a lease contract with the victim A and the rental deposit amounting to KRW 100 million, and KRW 100,000,000,000 per month.

유사 판례

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