보증금반환
1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from January 17, 2018 to the day of complete payment.
1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the whole purport of the pleadings in the entries in Gap evidence Nos. 1 to 4, 7, and 8:
D as the owner of the first floor G and H of the EF and complex buildings located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the store was leased to the defendant who operates real estate rental business, etc.
B. On February 20, 2016, the Plaintiff entered into a sublease contract with the Defendant to pay the sales commission equivalent to 18% of the total sales from February 20, 2016 to February 19, 2018 during the sublease period (hereinafter “instant sublease contract”) and thereafter, operated the restaurant in the name of “J” (hereinafter “instant restaurant”) with the name of “J” at the instant store.
C. Since then, the Plaintiff received notice from D that “the Defendant sent the instant store by August 15, 2016 and set off the store by August 5, 2016,” and that “the Plaintiff would withdraw from the Defendant by August 10, 2016 when paying the deposit, facility cost, and settlement amount, etc. by August 10, 2016.”
‘The notification' was made. D.
On the other hand, on August 15, 2016, the Plaintiff entered into a sales contract with K, a new lessee of the instant store, and operated the instant restaurant, and left the instant store around March 2018.
2. As seen earlier, the Defendant’s decision on the cause of claim lost the status of the sub-lease due to the termination of the lease agreement with the delay of the rent under the lease agreement on the instant store, and accordingly, notified the Defendant of his intention to terminate the instant sub-lease contract, such as seeking the return of deposit to the Defendant around August 2016.