건물인도 등
1. Plaintiff 1, among the parts against Defendant C in the judgment of the court of first instance, falls under the following amount:
1. Basic facts
A. On March 29, 2015, the Plaintiff drafted a lease contract with the Plaintiff, lessee, Defendant B (agent C), lease deposit amount to KRW 7,000,000, monthly rent, KRW 700,000, and the lease term to April 30, 2016, with respect to Defendant C and its ground buildings (hereinafter “D”).
B. Around March 2016, the Plaintiff prepared a lease agreement with the lessor, lessee, Defendant B (Defendant C), lease deposit of KRW 12,00,000, and rent of KRW 1200,00 with respect to the land and its ground buildings (hereinafter “E”), Defendant C and Gwangju City (hereinafter “E”), and the Plaintiff entered into the said agreement as a special agreement, stating, “The amount of KRW 7 million out of the deposit of KRW 12,00,000 shall be paid at a rapid time until December 25, 2016, on the basis that the deposit amount of KRW 5,00,000 shall be replaced by the existing lease deposit amount, and the deposit amount shall not exceed December 25, 2016.” Provided, That the payment shall be made as interest amount of KRW 0.4% per month until the due date.
C. Accordingly, Defendant C wired the increased deposit amount of KRW 1,00,000 on March 1, 2016, and KRW 3,000,000 on November 15, 201 of the same year, and KRW 1,000,000 on January 26, 2017 to each Plaintiff’s account in the name of each Plaintiff.
Defendant C kept skiing equipment, etc. in D with the Plaintiff’s permission on December 2, 2016, and collected it on March 30, 2017, and again kept skiing equipment in D from June 6, 2017 without the Plaintiff’s permission.
E. On November 29, 2017, the Plaintiff carried out the skiing equipment, etc. by directly taking the cost of KRW 566,800.
F. Defendant C left away from E on March 30, 2017, but did not remove external signboards. Accordingly, Defendant C removed the said signboards in direct cost 1,390,000 won on November 29, 2017.
[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1, 2, 5 through 10, Eul's evidence Nos. 1, 2, 4 through 6, 7, 9, 10 (including each number of branches), and the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The plaintiff.