임대차보증금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and above.
1. Facts of recognition;
A. On December 13, 2016, the Defendant leased a deposit of KRW 100 million, monthly rent of KRW 4.5 million, and the lease term from December 13, 2016 to December 12, 2021, of KRW 658 square meters and above-ground buildings of KRW 176.98 square meters.
B. On January 20, 2017, the Defendant agreed to sublease the portion of approximately 60 square meters among the above land and the above-ground buildings (hereinafter “the instant sub-lease portion”) to KRW 20 million as sublease deposit and KRW 1.5 million as monthly rent to the Plaintiff, and received KRW 20 million from the Plaintiff.
The two persons entered into the first sub-lease contract with the above contents, and the plaintiff started the business of the car center in the sub-lease part of this case by using the vehicle maintenance machinery and equipment and business facilities, which the defendant purchased and installed around 15 million won.
The name of the above car center (F) was the defendant.
The defendant operated the three deputy directors and the external restoration business of cars in the remainder of the leased part.
C. On February 27, 2017, the Plaintiff and the Defendant, along with the period of sub-lease (58 months), drafted a secondary sub-lease agreement wherein the following proviso is added, and the date of the second sub-lease agreement was retroactively stated as “1. 20 January 2017.”
Around that time, the Plaintiff paid 2 million won to the Defendant as part of the acquisition price of the facilities.
(2) The terms and conditions of the second sub-lease contract include “the sub-lease contract in this case” and the part concerning the transfer of facilities in the said contract is “the contract for the transfer of facilities in this case.” Here, the lessor refers to the Defendant, who is the lessor, and the lessee, the Plaintiff, the lessee, who is the lessee).
The 10 million won for the transfer price of facilities shall be paid in installments from June 9, 2017 to ten months.
2. Bonds shall be deposited when a lessee fails to pay rents for two months;