(영문) 대구지방법원 2016.06.01 2015나17393

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(영문) 대구지방법원 2016.06.01 2015나17393

임대차보증금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On March 27, 2014, the Plaintiff concluded a lease agreement with C, the Defendant’s mother as the Defendant’s Defendant’s agent, and with KRW 20,00,000,000,000,000 (the KRW 10,000,000,000 shall be paid at the time of a contract, and the remainder shall be paid in April 1, 2015), monthly rent of KRW 1.5 million, and the period from April 5, 2014, and paid KRW 1,00,000,000 on March 27, 2014, and the remainder of KRW 9 million on April 5, 2014.

B. On December 17, 2014, the Plaintiff notified the Defendant of the termination of the lease agreement.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A No. 1, All pleadings

2. The parties' assertion

A. The Plaintiff’s assertion of the lease contract of this case concluded with C, the Defendant’s mother.

At that time, C agreed to assume the responsibility of 301 operating the same business type with the Plaintiff in the same building and to produce it to the end of April 2014.

On December 27, 2014, the Defendant and C notified that the instant lease contract will be rescinded due to the failure to implement the foregoing agreement, and as such, the instant lease contract was lawfully terminated due to the Defendant’s fault, the Defendant is obligated to return the lease deposit to the Plaintiff.

B. The Defendant’s mother asserting that, while preparing a lease agreement with the Plaintiff, he did not conclude any agreement other than that stipulated in the special agreement, and did not expressly agree to withhold the termination right.

3. According to the statement in Gap evidence No. 1, the lease contract of this case is separate from additional taxes and management fees, and 500,000 won out of waste disposal expenses shall be borne by the lessor and the lessee shall be borne by the lessee. It is only stated that the interest rate of 24% per annum on the failure to pay the lease deposit amount of KRW 20,000,000 per annum is calculated.

The descriptions and images of Gap evidence 2 through 6 (including paper numbers) are alone between the plaintiff and the defendant.

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