임대차보증금반환
1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
1. Basic facts
A. On May 1, 2013, the deceased and the Defendant entered into a lease agreement (hereinafter “the instant lease agreement”) with the term “the fourth floor of the instant building” (hereinafter “instant building”) to lease KRW 60,000,000 (hereinafter “the instant lease deposit”), monthly rent of KRW 650,000 (excluding value-added tax), and the term of lease from May 1, 2013 to April 30, 2014 (hereinafter “the instant lease agreement”). From around that time, the Defendant and the Deceased operated an entertainment tavern (hereinafter “F”) with the trade name “the instant building”).
B. On May 4, 2013, the Plaintiff lent KRW 20,000,00 to the Deceased.
G on June 1, 2014, paid KRW 30,000,00 to the Deceased, and entered into a partnership agreement with the Deceased to operate the entertainment tavern of this case by setting their shares as one-half each, respectively. On the termination of the partnership agreement, G agreed to return the above KRW 30,00,000 from the lease deposit to be paid by the Defendant upon the termination of the partnership agreement.
C. The Deceased died on January 2015, while performing duties as an executive member under the above business agreement, and around January 2015, the Deceased’s heir, who was his/her child, but I renounced his/her inheritance, and H was subject to a judgment of limited acceptance by inheritance as the Gwangju Family Court on March 31, 2015. He/she was subject to a judgment of limited acceptance by inheritance as the head of Gwangju Family Court on March 31, 2015, and the above loans amounting to KRW 20,000,000 and the above loans amounting to KRW 30,000,000 among the list of qualified acceptance.
The instant lease agreement was implicitly renewed, and the agreement was concluded around March 2015. At that time, G and the deceased’s successors did not deliver and use the instant building to the Defendant.
E. On April 2, 2015, G transferred to the Plaintiff the claim of KRW 30,000,000 that G had against the deceased’s inheritors, and notified H of the transfer of the claim around that time.
F. The Deceased is the case.