손해배상(기)
1. The defendant, among the buildings indicated as "the indication of real estate" attached from the plaintiff, indicated as "the drawings" in attached Form 1, 2, 3, 4, 5, and 6.
1. Basic facts
A. On August 28, 2013, the Defendant: (a) leased the instant commercial building to C with a deposit of KRW 20,00,000, monthly rent of KRW 220,00 (excluding value-added tax) and the lease period of KRW 2,20,00 from September 5, 2013 to September 4, 2015; (b) around that time, the Defendant received the lease deposit from C and delivered the said commercial building to C with the said lease deposit of KRW 1,2,3,4,5,6, and1 in sequence.
B. C operated a marina shop in the above commercial building, and the Plaintiff decided to succeed to the right as a lessee of the instant commercial building as it is, and newly drafted a lease agreement to change only the lessee’s name from C to the Plaintiff on April 10, 2015.
C. Meanwhile, the Plaintiff planned to transfer a marina shop operated in the instant commercial building to D, and during which process D prepared a custody certificate with the Defendant, a lessor on August 17, 2015, as follows, and paid KRW 20,000,000 to the Defendant.
The lessee (D) shall deposit 20,000 won of the deposit for the commercial building in this case with the deposit custody certificate by August 17, and the lessor (defendant) shall prepare a deposit certificate after verifying it.
A fixed lease contract shall be prepared by no later than September 30.
When the contract is terminated, the lessor (the defendant) shall refund the deposit in custody to the lessee (D).
A lessee: A lessor: (a) the Defendant 1; (b) the fact that there is no dispute; (c) each entry of Gap evidence 1 and 2 (including each number); and (d) the purport of the whole pleadings;
2. Summary of the parties' arguments;
A. Since the lease contract between the Plaintiff and the Defendant with respect to the instant commercial building was terminated on September 4, 2015, the Defendant is obligated to pay the Plaintiff the remainder of KRW 13,604,610 after deducting the delayed rental fees and management expenses, etc. from the lease deposit amount of KRW 20,000,000.
(2) The defendant shall violate Article 10-4 (1) 4 of the Commercial Building Lease Protection Act.