임대차보증금
The defendant's KRW 50,000,000 and its interest to the plaintiff shall be 5% per annum from May 15, 2019 to August 25, 2020.
1. Facts of recognition;
A. On February 15, 2016, the Plaintiff entered into a contract with the Defendant’s ASEAN, under which the Plaintiff leases the D Building (hereinafter “instant building”) E (hereinafter “instant room”) from the Defendant to February 28, 2016 (hereinafter “instant lease contract”) KRW 50 million on the date of entering into the contract, KRW 4 million on February 17, 2016, and the remainder of KRW 45 million on February 29, 2016, and the lease period from February 29, 2016 to February 28, 2018 (hereinafter “instant lease contract”).
B. The Plaintiff paid KRW 1 million to C on February 15, 2016 under the instant lease agreement, and remitted KRW 49 million to the account of community credit cooperatives in the name of the Defendant entered in the instant lease agreement from February 17, 2016 to February 29, 2016.
C. On September 2018, the Plaintiff expressed his/her intent to cancel the instant lease agreement to the Defendant and thus, returned the lease deposit by December 10, 2018, and delivered the instant room to the Defendant on December 10, 2018.
On May 3, 2019, the Plaintiff sent to the Defendant a certificate of content that contains a declaration of intent to request the return of the lease deposit of this case, and the said certificate was served to the Defendant on May 7, 2019.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 6 (including paper numbers; hereinafter the same shall apply), Eul's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the Plaintiff concluded the instant lease agreement with C, a representative of the Defendant, and paid all deposited KRW 50 million. Since three months have passed since the Plaintiff notified the Defendant of the termination on September 2018, the instant lease agreement was terminated at that time or at least terminated on May 7, 2019, on which the certificate of the termination of the instant lease agreement was served. Thus, the Defendant is obligated to refund the instant lease deposit to the Plaintiff.
C. The defendant is also the defendant.