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Reasons
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(영문) 창원지방법원 2018.08.30 2017가단13307
임대차보증금
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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 October 15, 2014, the Plaintiff entered into a lease agreement between the Defendant and the Defendant, setting a deposit amount of KRW 40 million with respect to the Cbuilding D (hereinafter “instant store”) of the Changwon-si window owned by the Defendant, as between October 15, 2014, and the period from October 31, 2014 to October 31, 2019.

B. On August 28, 2015, E entered into a lease agreement between E and the Defendant with regard to the instant store by setting the deposit amount of KRW 40 million, KRW 11 million, KRW 1.1 million, and period from August 28, 2015 to August 27, 2020. E substituted for the Plaintiff’s deposit payment with the Plaintiff’s lease deposit. 2) Upon receiving the E’s request to return part of the lease deposit, the Defendant paid KRW 10 million to E on June 30, 2016, and concluded a lease agreement by changing the deposit amount of KRW 30,000,000,000 to KRW 1330,000 per month.

C. Around February 2017, the Defendant’s deposit 1) closed the restaurant operation at the instant store due to business depression, etc., and subsequently, the Defendant agreed to return the instant store to the Defendant if he/she seeks a new lessee. 2) On October 30, 2017, the Defendant concluded a lease agreement with F on the instant store, and around that time, returned the instant store by E.

3) On November 2017, E applied for a payment order against the Defendant seeking the return of the lease deposit amount of KRW 30 million. On the above payment order, the Defendant raised an objection and deposited KRW 26,70,000,000 calculated the lease deposit amount of KRW 3.3 million from the deposit to the Changwon District Court on November 22, 2017, on the ground that the Defendant cannot identify the creditor of the lease deposit at the Changwon District Court on November 22, 2017 (Seoul District Court 2018Da102617).

(No. 3915) / [Grounds for recognition] of absence of dispute, Gap evidence No. 1, Eul evidence No. 2, 3, 6, and 7, and the purport of the whole pleadings.

2. The cause of the action.

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