임대차보증금반환
1.The judgment of the first instance shall be modified as follows:
The plaintiff's primary claim is dismissed.
B. The defendant
1. Basic facts
A. On August 17, 2010, the Defendant entered into a lease agreement between the Defendant and B with respect to part (including subparagraph 417) of the B Co., Ltd. (hereinafter “B”) and the Jung-gu Incheon Metropolitan City Building C (hereinafter “Building”).
The object of lease: The lease deposit for the lease of 25,200,000 won from the date of conclusion of the contract ( August 16, 2020): The lease deposit shall be paid to the lessor after the lapse of 12 months from the commencement date of the lease, taking into account the lessee's security period for the lessee's lessee's lessee's lease of 4,20,000 won per month (excluding value-added tax of 10%) and 10 months from the commencement date of the lease.
(2) Around July 2013, the Defendant changed the above lease agreement with B as follows.
The object of lease: The lease period of the instant building No. 202 and No. 195 (including No. 417) : From the beginning date of the lease period under the first lease contract to July 31, 2015, B shall change and renew the sub-lease period under the sub-lease contract concluded in relation to the object of lease at the former responsibility of B, and all civil and criminal matters related to the related sub-lease contract and the object of sub-lease shall belong to B and sub-lessee, and the Defendant is not liable for the sub-lease contract.
Lease deposit: 126.8 million won in monthly rent: Management of rent (excluding value-added tax) revenue of KRW 19.6 million (Article 3) (1) In order to repay debts owed by B, such as the difference of deposit, unpaid rent, etc. to the Defendant, and to smoothly manage the sub-lease contract between B and the Defendant, all revenues, such as the sublease deposit and sublease fee, etc. for the leased object under this lease contract, shall be deposited into the joint management account (Industrial Bank E and the Defendant of the deposit owner) in the name of the Defendant after the date this lease is concluded.
(2) B.