퇴직금과 임대보증금 일부반환소
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay 8 million won to the plaintiff on July 2, 2019.
1. (1) Around December 15, 1997, the Plaintiff leased the 1st floor D (store) unit of the building in Sungnam-si, the Defendant owned by the Defendant (hereinafter “instant building”) and operated the “E real estate” at the store, and performed the management and lease of the instant building on condition that the Plaintiff did not pay rent.
(2) On May 20, 197, the Plaintiff changed the leased store by entering into a lease agreement that leases the above first floor F of the instant building from the Defendant, instead of the above first floor D around May 20, 1997.
In the lease agreement (No. 4), the lease deposit is stated as KRW 18 million, and the lease deposit is stated as KRW 18 million as well as the detailed statement of the supply value of real estate (No. 7). Even thereafter, the store leased by the Plaintiff was changed several times (the detailed details of the change are not indicated by the original and the Defendant). A store leased and used by the Plaintiff around 2019, when the lease agreement with the Defendant was completely terminated, was the first floor G around 2019.
(3) On the other hand, H was employed by the Plaintiff as the above E-real estate employee around 2000 and worked until 2019. In addition to the real estate office, the instant building and the building owned by the Plaintiff (IA, JA, et al.) were also managed in addition to the real estate office.
H filed a petition for retirement on the ground that he/she did not receive retirement pay to the Korea Workers’ Compensation and Welfare Service (the Plaintiff filed a petition with the Defendant as well as himself/herself, but there is no material to know whether it was said). On April 17, 2019, the Plaintiff paid KRW 16,951,869 as retirement allowance to H.
(4) The above facts do not conflict between the parties, or are in accordance with the purport of Gap evidence Nos. 1 to 8, Eul evidence Nos. 1 to 4, and all pleadings.