임대차보증금
1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from September 19, 2017 to the day of complete payment.
1. Facts of recognition;
A. On April 2, 2015, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with respect to the lease deposit of KRW 50,000,000, and the term of lease from November 25, 2014 to November 25, 2017 with respect to the lease deposit of KRW 50,000,000 (hereinafter “the lease deposit of this case”) with B on April 2, 2015. The Plaintiff paid the lease deposit of KRW 50,00,000 (hereinafter “the lease deposit of this case”).
B. On April 3, 2015, the Plaintiff received KRW 2,000,000 per month from D, and entrusted D with the sales and business at the instant store from April 3, 2015 to September 30, 2015.
C. On May 25, 2015, the Defendant purchased each of the instant stores from B, and completed the registration of ownership transfer with respect to each of the instant stores on July 9, 2015.
On October 5, 2015, the Defendant paid the instant lease deposit to D, and leased the instant lease deposit to D after being transferred from D each of the instant stores to a third party.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 8, the purport of the whole pleadings
2. The fact that the Defendant leased each of the instant stores to a third party as seen earlier, and the fact that the Plaintiff notified the termination of the instant lease contract by serving a duplicate of the instant complaint on the ground that the leased stores were leased to a third party is apparent in the record.
Therefore, the instant lease agreement was terminated on September 18, 2017, September 201, the delivery date of a copy of the instant complaint.
Therefore, the defendant who succeeded to the lessor status of the instant lease agreement is obligated to pay the Plaintiff the lease deposit amount of KRW 50,000,000 and damages for delay calculated at the rate of 15% per annum from September 19, 2017 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case.
As to this, the defendant returned 50,000,000 won of the lease deposit of this case to D on behalf of the plaintiff.