보증금반환
1. The Defendant’s KRW 19,78,710 for the Plaintiff and KRW 5% per annum from September 22, 2018 to January 30, 2019.
1. Facts of recognition;
A. On July 10, 2007, the Defendant obtained a loan from the C Cooperatives (hereinafter “C Cooperatives”) and created a collateral security with the maximum debt amount as KRW 3.33 billion to the F or G units of a sectioned building of Class I neighborhood living facilities on both sides of land D and E (hereinafter “instant commercial building”).
B. On August 11, 2011, the Plaintiff leased the instant commercial building from the Defendant with a deposit of KRW 100 million, monthly rent of KRW 5.5 million (excluding value-added tax, the value-added tax is separately set on August 22, 201, and the period from August 22, 2011 to August 21, 2013. On August 22, 2011, the Plaintiff started operating the business after paying the deposit of KRW 100 million to the Defendant.
C. On April 25, 2012, upon C/C application, a voluntary decision to commence the auction (this court H) was rendered on the instant commercial building and other common security. On July 29, 2013, I paid the sales price on the same day and acquired the ownership thereof.
Upon the commencement of the voluntary auction on the instant commercial building, the Plaintiff continued to operate the business without paying the rent to the Defendant from July 22, 2012, and leased the F or J from August 6, 2013.
[Grounds for recognition] Gap evidence 1, 3, Gap evidence 2-1 to 6, the purport of the whole pleadings
2. Assertion and determination
A. According to the above facts, since the lease contract concluded between the plaintiff and the defendant with respect to the commercial building of this case was terminated, the defendant is obligated to return to the plaintiff the balance remaining after deducting the difference that was not paid by the plaintiff from KRW 100 million.
The period for deduction of rent is 80,211,290 won [6,650,000 won x 13 (6,050,000 won x 13 (6,050,000 from June 22, 2012 to July 29, 2013) [6,050,000 won x 8/31 (6,050,000 won from July 22, 2013)] from June 22, 2012 to July 29, 2013.
The defendant shall pay to the plaintiff KRW 19,788,710,000.