임대차보증금 반환청구 등
1.The judgment of the first instance court, including any claims added by this Court, shall be modified as follows:
The lawsuit of this case.
1. Basic facts
A. C entered into the instant lease agreement with the Defendant on January 27, 201, with a view to operating a wedding business, concluded a lease agreement with the Defendant on the second floor 695.94 square meters of the building of Pyeongtaek-si located in Pyeongtaek-si located in the Defendant (hereinafter “instant building”) and paid KRW 200 million to the Defendant KRW 180 million of the lease deposit (the contract deposit amounting to KRW 20 million shall be paid on March 20, 201), monthly rent of KRW 16 million, and the lease period of KRW 2,00,000 of the lease agreement, and the lessee shall not sublet or have another person share all or part of the rights under the lease agreement (Evidence 1; hereinafter “instant lease agreement”), and paid KRW 10 million out of the down payment 20 million to the Defendant.
On February 11, 2011, C paid the remainder down payment of KRW 10 million to the Defendant, and the intermediate payment of KRW 80 million in the remainder of the lease deposit of KRW 180 million shall be paid by February 28, 201, and the remainder of KRW 100 million shall be paid by March 30, 201, and a written statement of performance (No. 2) stating that the contract shall be invalidated if the contract is not fulfilled.
On or before March 20, 201, the remainder payment date of the instant lease agreement, the Defendant handed over the instant building to C. Since around that time, C occupied the instant building while performing interior construction.
B. On March 30, 201, the Plaintiff entered into a business partnership agreement with C and C to operate a wedding hall in the building leased by C (Evidence 2) and remitted part of the lease deposit of the instant lease agreement to the Defendant’s account from March 30, 201 to June 24, 2011.
C At the time of termination of the partnership with the Plaintiff on July 22, 2011, the Plaintiff prepared a letter of waiver of assignment (Evidence A No. 4) with the content that “all rights and businesses relating to the contract deposit and the contract price of the futures market” shall be transferred to the Plaintiff.
C. The defendant's notification of termination of the lease contract.