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Reasons
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(영문) 인천지방법원 2018.04.19 2016나6514
임대차보증금반환
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Of the deposit under Article 2 of the Real Estate Lease Agreement, the deposit amount of KRW 10,00,000, monthly rent of KRW 1,500,000 (payment on June 30, 200), KRW 5,000,00 shall be paid to the Defendant at the time of the contract and the remainder of KRW 5,00,000 among the deposit shall be paid on June 30, 2015. Article 4 provides that the order of the real estate under Article 3 shall be issued on June 30, 2015 by the order of the Plaintiff on June 30, 2015. On June 23, 2015, the period under Article 4 stipulated that the order of the Plaintiff on June 23, 2015 is 12 months from the date of the order of the Plaintiff.

A. On June 23, 2015, the Plaintiff entered into a lease agreement with the Defendant, whereby the Plaintiff leased from the Defendant the sum of KRW 102 and KRW 70,103 (hereinafter “instant store”) of the 1,500,000, monthly rent of KRW 100,000, and deposit money for lease (hereinafter “lease agreement”).

B. On June 4, 2015, the Plaintiff wired the entire amount of the instant lease deposit to C’s account, KRW 10,000,000, and KRW 3,000,000 on June 10, 2015, and KRW 10,000 on June 23, 2015, and transferred the instant store from C on June 30, 2015.

C. On September 1, 2015, the Plaintiff decided to terminate the instant lease between C and C, and delivered the instant store to the Defendant on September 5, 2015.

The Plaintiff is a person who has not paid the sum of KRW 1,750,000 (i.e., KRW 1,500,000 for August 2015).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the obligation to return the lease deposit arises;

A. 1) The Plaintiff’s assertion as to whether the right of representation is exercised by the parties (A) and concluded the instant lease agreement with the Defendant upon granting the power of representation to conclude the instant lease agreement. As such, the Defendant concluded the instant lease agreement with the Plaintiff, the Defendant is KRW 8,250,000 (i.e., the aforementioned KRW 10,000,000) upon the termination of the instant lease agreement.

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