보증금반환
1. The Defendant’s KRW 11,256,980 for the Plaintiff and KRW 5% per annum from November 1, 2014 to March 9, 2017.
1. The facts below the basic facts do not conflict between the parties or may be acknowledged by considering Gap evidence of 2 to 4, Gap evidence of 6 to 9 (including the number number; hereinafter the same shall apply), Eul evidence of 1 to 3, Eul evidence of 1 to 3, the court's order and submission of taxation information to the malicious director of this court, response results and witness C's witness's testimony as a whole.
On July 10, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease deposit amount of KRW 200,000,000, monthly rent of KRW 8,300,000 (excluding value-added tax; hereinafter the same shall apply), and the lease term of KRW 10,00,00 with respect to the pertinent D 1st and second floors (hereinafter “instant real estate”).
According to Article 17 (Special Agreement) subparagraph 1 of the above lease agreement, the term "rents within five years shall be adjusted by mutual agreement between the plaintiff and the defendant from two years after the lease agreement."
B. Around July 25, 2012, the Plaintiff agreed with the Defendant to change the monthly rent of KRW 8.9 million, including the amount increased by KRW 600,000,000.
The contents of the above contract shall be as follows:
The agreement shall be 8,90,000 won, including the amount increased by 600,000 won of the monthly rent pursuant to Article 17 of the Terms and Conditions of the Special Agreement (Additional Tax Map)
C. On October 23, 2012, Nonparty E, the father of the Plaintiff, paid the Defendant KRW 50,000,000 in advance of the rent for the instant real estate, and KRW 4,700,000 in excess of the rent for delay. D.
Accordingly, at the end of October 2012, the Defendant, as agreed with Nonparty E, divided the amount of KRW 50 million paid in advance into 24 months and divided it into 6.6 million, set a new real estate contract as monthly rent, and granted it to the Plaintiff.
The contents of the above contract shall be as follows:
The rent (Article 5) shall be set according to the special agreement under Article 17 of the Agreement drawn up on July 10, 2009.