보증금반환
1. The Plaintiff (Counterclaim Defendant); Defendant B, from February 3, 2017, and from February 3, 2017, Defendant C (Counterclaim Plaintiff) were 4.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. D, on July 11, 2016, concluded a lease agreement with Defendant B, setting the lease deposit amount of KRW 30,000,000 on No. 111 of the first floor of the building F in Gangseo-gu Seoul, and KRW 30,000 (contract deposit of KRW 3,00,000,000), monthly rent of KRW 2,00,000 (value-Added Tax Separate), and KRW 24 months for lease period of KRW 112 of the above F building between Defendant C and Defendant C on the same day (contract deposit of KRW 40,00,000,00 (contract deposit of KRW 4,00,000, remainder of KRW 36,000,00), monthly rent of KRW 3,50,000 (value-Added Tax lease period of KRW 24 months).
B. Each of the above lease agreements included the following special agreements:
(1), 2, and 7 are omitted). 3. In the event that a lessee has failed to secure the right to operate a tobacco retailer, this contract becomes null and void, and the lessor shall immediately return the down payment to the lessee without compensation for a loss.
4. A lessor may enter into a new lease contract without the consent of a lessee before the remainder date, and a lessee shall be recognized as a lessee;
In such cases, the lessee shall return the down payment received from the lessee due to simultaneous performance, and the lessee shall not raise any objection.
5. The starting period of lease shall be the F building A and thereafter the lessor shall be the rental period from the date of the declaration of tobacco retailers of the F building A, and the latter shall be the rental period from the date of a month.
6. The commencement date of the management expenses of the commercial building by a tenant shall be the date of the public announcement of the retailer of the F building A.
C. After the conclusion of each of the above lease agreements, the Plaintiff paid the Defendant B the lease deposit of KRW 30,000,000, and the down payment of KRW 4,000,000 among the deposit money, respectively.
On August 23, 2016, the Plaintiff paid KRW 700,500 to Defendant B and KRW 1,600,000 to Defendant C, respectively, under the pretext of rent.
E. However, on September 8, 2016, the Plaintiff was designated as a tobacco retailer in the designation of tobacco retailers conducted by the Gangseo-gu Office.