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(영문) 서울중앙지방법원 2020.02.19 2019나783

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 12, 2015, the Plaintiff leased the Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant building”) No. 1 floor E (hereinafter “instant building”) with the lease deposit of KRW 35 million, monthly rent of KRW 1500,000,000, from March 12, 2015 to March 31, 2017, and operated a coffee shop in the said building (the lessee is indicated as “A and one other”).

(hereinafter “instant coffee shop”). (b)

However, until June 2016, the Plaintiff did not pay the rent of KRW 14,851,740 due to the above lease agreement and deducted it, the remaining lease deposit was KRW 20,148,260.

C. Around June 2016, the Plaintiff transferred the instant coffee shop to the Defendant, and also transferred the claim to return the said lease deposit to the Defendant. Around September 4, 2016, the Plaintiff and the Defendant prepared a written confirmation that the right to lease the instant building should be transferred to the Defendant. The written confirmation does not include the details of other transfer proceeds in addition to the lease deposit in relation to the assignment of the instant coffee shop.

The Defendant paid KRW 25 million to the Plaintiff on August 10, 2016, and KRW 27 million from May 2017 to June 201.

【Ground for Recognition: Each entry of Gap evidence Nos. 1 through 4, Eul evidence No. 1】

2. Determination

A. As above, the Plaintiff, while transferring the coffee shop in this case to the Defendant, agreed to lend the amount of the deposit to the Defendant, but the Defendant agreed to preserve the remaining deposit until the termination of the lease, and pay 100,000 won monthly interest on the deposit, the Defendant asserts that the Defendant is liable to pay the Plaintiff interest of KRW 20,248,260 (20,148,260 won on the principal of the vehicle (20,148,260 won until August, 2018, interest of KRW 2,100,000 on the principal of the vehicle - KRW 2,00,000) and damages for delay.

According to the facts acknowledged above, the right to lease the plaintiff's coffee shop of this case shall be transferred to the defendant and the defendant shall pay the remaining amount of the deposit to the plaintiff.