(영문) 인천지방법원 2017.09.05 2016나8053 | 리걸엔진

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(영문) 인천지방법원 2017.09.05 2016나8053

임대차 계약금반환 및 손해배상청구

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 18, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 30,000,000, and the monthly rent of KRW 2,800,000 for the lease deposit from May 1, 2015 to April 30, 2017 (hereinafter “the lease agreement of this case”), and paid KRW 6,000,000 to the Defendant as the down payment.

B. At the time of the conclusion of the instant lease agreement, E leased the instant real estate while running a shotbur business on the instant real estate. However, the Plaintiff agreed with E prior to the conclusion of the instant lease agreement on the acquisition of the instant real estate and the payment of the premium, and paid E KRW 1,00,000 as a down payment, and based on the fact that the Plaintiff and E reached the agreement, the instant lease agreement was concluded between the Plaintiff and the Defendant.

C. In concluding the lease contract of this case, the Defendant agreed to assume the Plaintiff responsible for and clarify the instant real estate on the outstanding payment date. However, the previous lessee E, who was willing to order the instant real estate and rent the next room, did not express the instant real estate, and the Defendant did not contact with the Plaintiff from the time of the outstanding payment date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff prepared the remainder and urged the defendant to perform his duty to order the defendant. However, the defendant did not contact and did not perform his duty to order the real estate of this case. Since the plaintiff cancelled the lease contract of this case, the defendant is obligated to return the down payment amount of KRW 6,00,000 and pay the estimated damages amount of KRW 6,00,000 to the plaintiff.

B. The defendant's assertion that the plaintiff asserted in the real estate of this case is shotbane.

유사 판례

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-대구지방법원 2015.08.21 2014나305284

-서울중앙지방법원 2014.11.06 2013가합81311