보증금반환
1. The Defendant (Counterclaim Plaintiff) paid KRW 29,696,714 to the Plaintiff (Counterclaim Defendant) and its amount from February 11, 2014 to July 9, 2014.
1. Presumed factual basis
A. On June 29, 2012, the Plaintiff leased KRW 203 (hereinafter “instant building”) of KRW 50 million from the Defendant to June 28, 2012, KRW 330,000 per month of rent (including value-added tax; KRW 3,597,00 per month since the last day of each month; KRW 3,597,00 per year since June 29, 2013); and the period from June 29, 2012 to June 28, 2014.
(hereinafter “instant lease agreement”. However, under the lease agreement, the tenant’s name was changed to E, the mother of the Plaintiff, but was changed to E, the beauty room employee of the Plaintiff’s operation.
The Plaintiff operated the beauty art room in the name of “F” in the instant building.
C. On August 24, 2013, the Defendant returned KRW 5 million out of the lease deposit to the Plaintiff.
(The money was transferred to E’s account). (D)
The Plaintiff did not pay the rent from September 2013 (the rent from August 29, 2013 to September 28, 2013) and the management fee (the management fee from October 1, 2013 to October 31, 2013) for October 2013.
E. On August 16, 2013, G and the instant building, the Plaintiff concluded a lease contract with regard to 304, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City, which is located on the upper floor of the instant building. On September 16, 2013, the Plaintiff removed from the instant building on or around September 2013 through October 2013, and operated beauty rooms from around that time.
F. The Defendant, through the service of the duplicate of the instant counterclaim, expressed his/her intent to terminate the instant lease agreement on the ground that the instant lease agreement was terminated on the grounds of the delinquency in rent exceeding the two-term period. The duplicate of the instant counterclaim was served on the Plaintiff on or around December 26, 2013.
G. Even after the removal from the instant building, the Plaintiff kept the keys to the instant building, and delivered the instant building to the Defendant around February 10, 2014 during the instant lawsuit.
H. Meanwhile, the decision of provisional seizure of claims against KRW 30 million out of the instant lease deposit (this Court Decision 2013Kadan4756, creditors H, the Plaintiff, and the third obligor) was made on November 11, 2013.