보증금반환
1. The counterclaim of this case shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) is recorded in the separate sheet from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 18, 2009, the Plaintiff leased the building listed in the separate sheet (hereinafter “the instant building”) from the Defendants as to KRW 150 million, KRW 12 million per month, KRW 12 million per month, and the lease term from May 1, 2009 to April 30, 2014 (hereinafter “instant lease agreement”). As to the instant building, the Plaintiff registered the establishment of a lease on a deposit basis as to the instant building as the registration office for Sung-nam branch of Suwon District Court’s Sung-nam branch on April 24, 2009, KRW 150 million,000,000, and KRW 31219 until April 30, 2014.
(B) Around that time, the Plaintiff paid all the deposit for the establishment of the instant chonsegwon to the Defendants, and operated an entertainment drinking house under the name of “D” with the permission for the entertainment drinking house business (hereinafter “instant permission”) related to the instant building from the former lessee of the instant building, upon acquiring the said permission from the former lessee of the instant building.
C. The instant lease agreement terminated on April 30, 2014 due to the expiration of the period, and the Plaintiff performed removal and restoration works for restoration and delivery of the instant building. On June 7, 2014, the Plaintiff transferred the instant building to the Defendants.
The Plaintiff did not pay to the Defendants KRW 42,40,00,000,000,000 in total, from March 1, 2010 to November 30, 2010, including the rent of KRW 29.2 million and the rent of KRW 13.2 million from April 1, 2014 to April 30, 2014.
E. Defendant B deposited KRW 38,418,580, the Seoul Central District Court on September 25, 2014 with the Plaintiff as the principal deposit in order to return the remainder after deducting the overdue rent and management expenses from the deposit under the instant lease agreement.
hereinafter referred to as "the deposit of this case"
(ii) [Ground of recognition] unsatisfy, Gap evidence 1 to 5 (if any, including each number; hereinafter the same shall apply);
The evidence Nos. 2 and 3-2 of the evidence No. 2.