보증금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In the first instance court, the Plaintiff sought payment of the deposit for sub-lease, premium, and movable property sale to the Defendant, and the first instance court dismissed the claim for the premium among them, and accepted the claim for the deposit for sub-lease and the claim for the purchase price of movable property.
In this regard, the defendant only appealed against the claim cited by the plaintiff, and thus, the subject of the judgment by this court is limited to the sub-lease deposit and the claim for the proceeds of the sale of movable property.
2. Facts of recognition;
A. As to the instant real estate, the Defendant, as a lessee of the instant real estate, concluded a sublease contract with the Plaintiff from October 1, 2017 to April 30, 2018 during the sublease period (including value-added tax) between October 1, 2017 and April 30, 2018.
(hereinafter referred to as “the instant sub-lease contract”). (b) The instant sub-lease contract.
Meanwhile, around January 1, 2018, the Defendant entered into an agreement on the transfer and takeover of facilities, including painting facilities, within the instant real estate, from E, which is the former lessee of the instant real estate, and entered into between E and E as of February 1, 2018, a “written request for the transfer and takeover of facilities and the payment of deposit” (hereinafter “written request for the payment of deposit”).
- Transfer to the defendant all of the painting facilities and house-to-house buildings currently leased and used by E in the instant real estate;
Provided, That KRW 20 million shall be liable to the defendant as the deposit deposit for the plaintiff (Plaintiff).
- The amount shall be 50 million won paid.
- Payment Terms: (i) KRW 30 million shall be paid in the amount of KRW 20 million on January 31, 2018; (ii) payment on April 30, 2018; (iii) payment on April 30, 2018; and (iv) payment on a deposit basis in the transfer of A.
C. On April 15, 2018, the Plaintiff handed over the instant real estate to the Defendant, and around that time, transferred containers and air conditioners owned by the Plaintiff to the Defendant at least KRW 400,000.
[Ground of recognition] There is no dispute.