대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Basic facts
A. On January 18, 2015, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C to pay KRW 105,00,000 to the former lessee, who is not a lessor, for lease deposit, KRW 20,000,00, monthly rent, KRW 900,000, and the term of lease from January 18, 2015 to January 17, 2017. However, the Defendant concluded a lease agreement to pay KRW 20,00,000 to the Plaintiff, who is not a lessor, not a lessor, (hereinafter “instant lease agreement”).
B. On January 18, 2015, the Defendant paid KRW 2,000,000 to the Plaintiff in cash pursuant to the instant lease agreement, and on the same day, a cash storage certificate (hereinafter “the instant cash storage certificate”) with regard to KRW 18,00,000 for the remainder of the lease deposit (hereinafter “the instant cash storage certificate”).
The present certificate of 18,00,000 Won shall be received in full on January 18, 2015, and in order to ensure the receipt (storage) of the above amount, this certificate shall be prepared and signed and sealed.
Reasons for storage: The amount to be refunded as the deposit for the commercial building lease of this case shall be deposited, and eight million won shall be remitted from January 19, 2014, and ten million won shall be paid to the Plaintiff by February 24, 2014 when filing an application for registration of brokerage business in the name of the Defendant until February 24, 2014.
(b) the amount of monthly rent shall be paid by the Plaintiff on the basis of the date of acceptance before and after that date by the Defendant.
b. Defendant Hah, the custodian, on January 18, 2015
C. The Defendant was handed over the instant commercial building on February 23, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings
2. According to the above fact-finding on the cause of the claim, the defendant is obligated to pay the plaintiff 2,00,000 won, excluding the 16,000,000 won, excluding the 16,000,000 won, which was paid by the plaintiff from the 18,00,000,000 won based on the cash custody certificate of this case, and damages for delay.
3. Judgment on the defendant's assertion of mutual aid
A. Determination on January 18, 2015 on the assertion on the deduction of management expenses.