(영문) 수원지방법원성남지원 2020.01.08 2018가단241037

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(영문) 수원지방법원성남지원 2020.01.08 2018가단241037

임대료 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff engaged in the automobile repair business with the trade name “D” in Songpa-gu Seoul Metropolitan Government. The Plaintiff, as the Plaintiff’s land owner and the Plaintiff, asked the Defendant, who is engaged in the automobile repair business, to use part of the Plaintiff’s business facilities, thereby allowing him/her to use the part of the Plaintiff’s business facilities, and, during approximately 18 months from August 2014 to January 2016, the Plaintiff leased the Plaintiff as KRW 50 million and KRW 4 million monthly rent.

Therefore, the defendant is obligated to pay to the plaintiff a total of 64 million won (=4 million won x 16 months) for the 16-month rent for the 18-month rent for the 16-month rent for the plaintiff and delay damages.

B. In this case, the judgment below acknowledged the fact that the defendant used part of the plaintiff's business office, but denied the fact of the contract for lease or sub-lease and the contract for monthly rent as alleged by the plaintiff only paid the plaintiff the proceeds to the plaintiff for the vehicle that is subject to insurance money, etc., the plaintiff's main claim is without merit, since there is no other evidence to support the conclusion of the contract for lease or sub-lease, even according to all evidence submitted by the plaintiff.

2. Judgment on the conjunctive claim

A. The gist of the Plaintiff’s assertion is as follows: (a) with respect to KRW 50 million among the above KRW 64 million, the Defendant concluded a lease agreement with the Plaintiff and paid KRW 50 million to the Plaintiff as the deposit for lease (loan); (b) the Plaintiff borrowed KRW 50 million from Nonparty E Co., Ltd.; and (c) the Plaintiff jointly and severally guaranteed it, but the Defendant did not pay it on March 21, 2016, and the Plaintiff repaid it on behalf of the Plaintiff on its own. Therefore, the Defendant is obliged to pay KRW 50 million to the Plaintiff.

B. Recognizing the fact that a contract for lease or sub-lease of the Plaintiff’s assertion is concluded.

유사 판례

-수원지방법원성남지원 2020.01.08 2018가단241037

-인천지방법원 2016.11.01 2015나19179

-부산지방법원 2020.06.18 2019가단343357

-대전지방법원천안지원 2015.05.29 2014가합3859

-서울동부지방법원 2016.08.17 2016나22877