(영문) 청주지방법원제천지원 2016.07.21 2015가단20823

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(영문) 청주지방법원제천지원 2016.07.21 2015가단20823

임대보증금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 17, 2002, the Plaintiff entered into a contract with C, the representative director of the Defendant, under which the Plaintiff agreed to lease 180,000,000,000 deposit money and 22 months during the lease term of the Emart (hereinafter “the Emart”) from the Defendant, and paid the Defendant the remainder of KRW 100,000,000 to the Defendant on the same day on the same day. At that time, the Plaintiff received from the Defendant the delivery of the instant Macop.

B. On December 30, 2004, the Plaintiff entered into a contract with F, the representative director of the Defendant, under which the Plaintiff agreed to lease the instant Y with the Defendant for a fixed period of 180,000,000 won, and two years from the lease date, and paid 180,000,000 won as a substitute for the deposit previously paid.

C. On December 31, 2008, the Plaintiff entered into a contract with the Defendant to lease the instant refined coponer with a deposit of KRW 180,00,000,000, and the term of lease from January 1, 2009 to December 31, 2010, and paid a deposit of KRW 180,00,000 as a substitute for the deposit previously paid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. On December 31, 2008, the Plaintiff asserted by the parties 1, the Plaintiff paid KRW 180,000,000 as security deposit when he leased the instant refined cocop from the Defendant.

Then, the lease contract between the Plaintiff and the Defendant was terminated on March 31, 2015 while the Plaintiff sub-leaseed the instant refined copon to G and H and continued to be maintained by the Defendant’s consent. On the same day, the Plaintiff returned the instant refined copon to the Defendant via B through the sub-lessee H.

Therefore, the defendant, who is the lessor, is the lessee, the deposit amount of KRW 180,000 and this shall apply to the plaintiff as the lessee.

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