전대차보증금반환
1. The Defendant’s KRW 55,600,000 and the Plaintiff’s annual rate of KRW 5% from January 25, 2015 to July 7, 2015.
1. Facts of recognition;
A. On March 10, 2013, the Plaintiff occupied and used the instant building by determining the deposit amount of KRW 70,000,000 (hereinafter “instant deposit”), monthly rent of KRW 800,000, and the period from April 11, 2013 as one year from the Defendant’s stores D located in Gyeongnam-do Development-do (hereinafter “instant sub-lease”) (hereinafter “instant sub-lease”), and thereafter, by November 10, 2014.
B. After the Plaintiff paid the monthly rent on May 11, 2013, the Plaintiff did not pay the rent from May 11, 2013. Accordingly, on October 25, 2013, the Defendant sent a certificate of the content of the termination of the instant sublease contract on the ground of the rent delay.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4, and 7's statements, the purport of the whole pleadings
2. Determination
A. According to the above facts, since the instant sub-lease contract was terminated on or around October 25, 2013, the Defendant is obligated to pay the Plaintiff 14,400,000 won (amounting to 80,000,000 won monthly rent x 18 months x 18 months) calculated by deducting the remainder of 5,60,000 won (amounting to 70,000,000 - 14,400,0000 - 14,400,0000 won - 14,40,000,0000) from May 11, 2013 to October 10, 2014, which is the date of delivery of a copy of the instant complaint sought by the Plaintiff, and 55,600,000 won per annum from the day following the date of delivery of each of the instant lawsuit prescribed by the Civil Act to July 25, 2015.
The plaintiff, at the time of the conclusion of the sub-lease contract of this case, violated the sub-lease contract of this case since the defendant violated the sub-lease contract of this case by failing to set the right to collateral security after making oral agreements on the apartment building owned by the defendant to secure the return of the deposit money of this case.