임대차보증금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 12,203,190 as well as the full payment from August 9, 2016.
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “Nonindicted Company”) leased the instant store to the Defendant with permission from Busan Metropolitan City on April 21, 2016 for the occupation and use of the E-building Nos. 7-2 (hereinafter “instant store”) located in Busan District D’s Underpasses (hereinafter “instant underground shopping mall”).
B. On June 10, 2015, the Plaintiff entered into a sublease contract with the Defendant that the Plaintiff would transfer the instant store under the following conditions (hereinafter “instant sublease contract”) and paid KRW 15,000,000 to the Defendant around that time.
The actual party to the sub-lease contract of this case is not a dispute over the plaintiff's father, F, G, or the defendant's father, or the party's confirmation, that is, the party's identity. Thus, in this case, F's act and G's act are the same as the defendant's act for convenience.
1) Deposits: 15,00,000 won (2): Period of 1,00,000 won per month: Paragraph 2 of the special agreement (4) from June 18, 2015 to April 21, 2016): The period of permission for occupation and use of a non-party company permitted by Busan Metropolitan City from June 18, 2015 to April 21, 2016; Paragraph 3 of the contract from April 21, 2016: The rent (including additional dues) and public charges paid to the non-party company shall be borne by the sub-lessee.
Paragraph 4: No person shall claim any premium, facility cost, etc. for the sublease.
C. On February 19, 2016, while operating clothes in the instant store, the Plaintiff told the Defendant to arrange the instant store as he/she could no longer operate clothes, and the Defendant placed an advertisement seeking a new sub-lessee at H “H” newspaper on the same day. However, the Plaintiff did not appear before the new sub-lessee by April 21, 2016, which is the expiration date of the instant sub-lease contract. Accordingly, the Plaintiff issued the instant store to the Defendant while operating the instant store by the expiration date, and during that period, the Plaintiff paid the Plaintiff to the Defendant.