(영문) 춘천지방법원 2016.09.27 2015가단7544

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(영문) 춘천지방법원 2016.09.27 2015가단7544

전대차보증금 반환

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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from October 29, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 5, 2015, the Plaintiff entered into a sublease contract between the Defendant and the Defendant for the sublease of the fixed land store located in Chuncheon-si C in the amount of KRW 30 million, monthly rent of KRW 500,000,000, and KRW 500,000,000 from the Defendant (hereinafter “instant sublease contract”) and the same month.

6. The 10 million won, out of the deposit for sub-lease 30 million won, was remitted to the account under the name of the Defendant, and the remaining 20 million won was paid by the Defendant to E with the operation of the said Dart, and the 20 million won paid to E was used as the facility fund of Dart.

B. However, around September 15, 2015, the Defendant sold DNA to a third party, and the instant sub-lease contract was terminated as a result of the termination of one’s lease contract, and the Plaintiff transferred the said land store to the owner of the building around that time.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 2 through 8 (including paper numbers), the purport of the whole pleadings】

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 30 million for sub-lease deposit and damages for delay calculated at the rate of 15% per annum from October 29, 2015 to the day of full payment, which is the day following the delivery of the complaint filed by the Plaintiff.

3. Judgment on the defendant's assertion

A. The Defendant asserted that the instant sub-lease contract was concluded with E on June 10, 2015.

However, the sub-lease contract of this case prepared by the Defendant to the Plaintiff (No. 2-1) is merely prepared in the form as it is necessary for the Plaintiff to conduct business registration due to the name of the Defendant at the time of the business registration, and the sub-lease contract of this case is null and void as it is based on the false agreement because, if the business registration is changed under the name of E, the sub-lease contract of this case is null and void.

B. It can be recognized that the Defendant transferred DNA sets to E around June 10, 2015.

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