보증금반환
1. Defendant B Co., Ltd. pays KRW 323,600,000 to the Plaintiff.
2. The plaintiff's defendant B Co., Ltd.
Basic Facts
On August 20, 2015, Defendant C leased KRW 150,000,000 (in the case of monthly rent as stipulated in any other contract, 10% of value-added tax; hereinafter the same shall apply) to D, among the real estate listed in the attached list, which is one’s own ownership, KRW 150,000,000,000 for the rent, and from September 30, 2015 to September 29, 2018, Defendant C paid KRW 150,000,000 to Defendant C around that time.
On October 17, 2015, Defendant C agreed to lease to D along with the first and second floors underground and the third through five floors underground (hereinafter collectively referred to as “instant real estate”), other than the first and second floors among the real estate listed in the attached list. As to the first and second floors above ground, the deposit amount of KRW 150 million is KRW 150 million, monthly rent, KRW 14 million, from October 1, 2015 to September 30, 2017; the deposit amount of KRW 260,000,000,000 won for the first and upper floors above ground; and the lease contract was leased to Defendant C from December 1, 2015 to December 30, 2017; and the lease contract was made to Defendant C from December 200, 2015 to December 300, 2005 (hereinafter referred to as “the lease contract”).
Around April 27, 2016, Defendant C entered into a contract with E Co., Ltd., the representative director of D (hereinafter “E”), under which D would change the lessee of the instant lease from D to E, and around that time, E completed its business registration by designating the instant real estate as its place of business.
The instant lease agreement was concluded around May 31, 2016.
E on April 27, 2016, prior to the termination of the instant lease agreement, on which April 27, 2016, E transferred to the Plaintiff the claim amounting to KRW 350 million, which is a part of the claim to return the deposit amount ( KRW 150 million, KRW 260 million,000,000) owned against Defendant C under the instant lease agreement. On the same day, E notified Defendant C of the fact of transferring the claim.