보증금반환
1. The Defendant’s KRW 13,025,00 for the Plaintiff and KRW 5% per annum from May 10, 2020 to June 24, 2020 for this.
1. Basic facts
A. On January 19, 201, the Plaintiff and the Defendant concluded a lease agreement with the Defendant from January 24, 2011 to January 23, 2012, with respect to the first underground floor among the above-mentioned buildings (the underground first floor, the second floor above the ground; hereinafter “instant building”), which are owned by the Defendant (hereinafter “instant building”), including deposit money of KRW 3,000,000, monthly rent of KRW 350,000, monthly rent of KRW 350,000, and period of January 24, 201 to January 23, 2012.
B. On January 30, 2013, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the first floor and the first floor above ground among the instant buildings, which is KRW 18,000,000, monthly rent 1,650,000 (payment on the last day of each month), and from January 30, 2013 to January 30, 2014.
C. On December 5, 2014, the Plaintiff and the Defendant concluded a lease agreement with regard to the second floor among the instant buildings, which is KRW 12,00,000,000, monthly rent of KRW 500,000, and the period from December 5, 2014 to December 5, 2015 (hereinafter “instant lease agreement”).
The plaintiff operated the building of this case as a wing place, and each of the lease contracts of this case was implicitly renewed thereafter.
E. Around April 2019, there was a dispute between the Plaintiff and the Defendant on the termination of each of the instant lease agreements, the delivery time of the instant building, the director’s expenses, etc., and the Plaintiff relocated the instant building to another building on June 2, 2019.
F. On October 5, 2019, the Plaintiff sent a text message to the Defendant, stating that “The Plaintiff was directors on June 2 in the past, but did not have received any deposit. It is time to receive the deposit, and if you want to do so, it is called for contact.” On May 9, 2020, the Plaintiff handed over the instant building to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, Eul evidence Nos. 2, 5, and 6, witness D's testimony and the purport of the whole pleadings
2. Determination as to the cause of claim, etc.
A. Comprehensively taking account of the evidence as seen earlier at the time of termination of each of the instant lease agreements, the Plaintiff’s director on June 2, 2019.