보증금반환
1. All the appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the incidental appeals filed by the Defendant (Counterclaim Plaintiff) against the counterclaim.
1. The scope of the trial in this Court did not appeal the part of the part against the plaintiff in the first instance as to "the partial damages for delay from October 22, 2013 to July 9, 2014 concerning KRW 29,69,714," "the amount equivalent to the rent for September 2013," and "the amount equivalent to the rent for delay, KRW 3,597,000, which is the amount equivalent to the rent for September 2, 2013, and the damages for delay thereof," among the part against the plaintiff in the first instance judgment against the plaintiff. Since the defendant appealed only to the portion of unjust enrichment or damages equivalent to the monthly rent for arrears and management expenses until the delivery of the building after the termination of the lease contract, the object of the trial in this Court is limited to the amount described in the purport of the appeal in this Court and the part concerning
The following shall be deemed together with a principal lawsuit and a counterclaim.
2. Facts of recognition;
A. On June 29, 2012, the Plaintiff, from the Defendant on June 29, 2012, operated a beauty room with the name of “F”, setting the term “F” from June 29, 2012 to June 28, 2014, the deposit amount of KRW 50 million, monthly rent of KRW 3.3 million (including value-added tax, the last payment after the last day of each month, the amount of KRW 3,597,00 for June 29, 2013, which was increased by 9% from June 29, 2013, and the term from June 29, 2012 to June 28, 2014.
(hereinafter referred to as “instant lease agreement.” However, under the lease agreement, the tenant’s name was changed to E, who is an employee of the beauty room operated by the Plaintiff in the instant building, after being the mother of the Plaintiff as the first mother D, in order to make it consistent with business registration, etc.
On August 24, 2013, the Defendant returned KRW 5 million out of the lease deposit to the Plaintiff.
The said money was deposited into the account under the name of E, and E transferred the said money to D’s account on August 30, 2013.
C. The Plaintiff did not pay the rent for September 2013 (the rent from August 29, 2013 to September 28, 2013) and the portion management fee for October 2013 (the management fee from October 1, 2013 to October 31, 2013).
The Plaintiff between G on August 16, 2013 and G on August 16, 2013, Sungnam-gu, Sungnam-gu, Seoul, equivalent to the upper floor of the instant building.