보증금반환
1. At the same time as delivery is made by the Plaintiff to the Plaintiff, the real estate recorded in Appendix 1 attached hereto from the Plaintiff:
A. Defendant B shall be 136,500.
1. Facts of recognition;
A. On May 3, 2015, the Plaintiff leased the instant real estate from the Defendant Company as of June 12, 2017, by setting the lease deposit of KRW 130 million, and by the lease period as of June 12, 2017 (hereinafter “lease”). B. The Plaintiff and the Defendant Company agreed to increase the lease deposit of KRW 5 million on June 2, 2016, and accordingly, the Plaintiff paid KRW 5 million to the Defendant Company (the lease deposit becomes KRW 135 million).
On February 9, 2019, Defendant B, as the representative of the Defendant Company, expressed his intent to jointly and severally guarantee the obligation of the Defendant Company under the instant lease agreement to the Plaintiff, and written at the bottom of the instant lease agreement, “The said lease agreement is a joint and several surety for the Defendant Company B.”
(d)
On February 22, 2019, Defendant B requested the Plaintiff to deliver the instant real estate, as the Plaintiff would return the instant lease deposit.
E. Accordingly, around February 23, 2019, the Plaintiff and Defendant B agreed that “the Plaintiff shall deliver the instant real estate on March 29, 2019; Defendant B shall pay 10% of the lease deposit on March 22, 2019; and the remainder by delivery and redemption of the instant real estate on March 29, 2019.”
In that sense, Defendant B failed to return the lease deposit to the Plaintiff by March 29, 2019.
F. The Plaintiff and Defendant B agreed to postpone the date of delivery of the instant real estate as of April 10, 2019, and the Defendant B agreed to pay the Plaintiff on April 10, 2019 the amount of KRW 136.5 million (a lease deposit KRW 135 million for agreed damages) plus the Plaintiff’s compensation of KRW 1.5 million due to the delay of delivery on the lease deposit (hereinafter “contractual damages”).
In this regard, Defendant B failed to pay the above amount even on April 10, 2019.
G. On April 10, 2019, the Plaintiff and Defendant B are as shown in attached Table 2 in relation to the instant lease.