임대차보증금반환
1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate of 5% from October 1, 2013 to November 25, 2016, and the following.
1. Facts of recognition;
A. On July 3, 2012, the Defendant entered into a lease agreement with C on July 3, 2012, setting the deposit amount of KRW 15 million per month, and KRW 2 million per month for the underground floor cost (B) of the Seocho-gu Seoul Metropolitan Government D building owned by the Defendant, and received KRW 15 million from C around that time.
B. Thereafter, on January 18, 2013, the Plaintiff concluded a lease agreement with the Defendant to succeed to C’s deposit amount of KRW 15 million from January 31, 2016 to January 31, 2016 (hereinafter collectively referred to as the “lease”) with respect to KRW 30 million, monthly rent of KRW 2 million, and the period from January 31, 2013 to January 31, 2016.
C. On January 18, 2013, the Plaintiff paid to the Defendant the remainder of KRW 15 million, excluding KRW 15 million succeeded by C among the deposit amounting to KRW 30 million.
On the same day, the Plaintiff, on behalf of the Defendant, entered into a lease agreement as described in paragraph (1) above with the Defendant, and as above, the deposit amount of KRW 15 million succeeded as above.
1. By the end of 31.3, an agreement was made to pay H.
The plaintiff on September 12, 2013, the defendant and the store of this case are the same year.
9. Until 30.30., the instant lease contract was agreed upon.
On September 30, 2013, the Plaintiff delivered the instant store to the Defendant.
[Ground of recognition] Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 to 3 and 5, and the purport of the whole pleadings
2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated on September 30, 2013 by agreement between the Plaintiff and the Defendant, and thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay from October 1, 2013, which is the day following the delivery date of the instant store.
The Plaintiff, on July 10, 2013, ordered the Defendant to return the deposit by the end of August, 2013, and delivered the instant store to the Defendant on or around July 10, 2013, and thus, the Plaintiff’s delivery of the deposit amount of KRW 30 million and its payment on August 1, 2013.