beta
Text
1. The Defendant’s KRW 174,646,00 for the Plaintiff and KRW 4.28% per annum from September 2, 2014 to May 29, 2015.
Reasons
1. Facts of recognition;
A. (1) On May 29, 2013, the Plaintiff entered into a lease agreement with the Defendant, representing C, to lease a single-story house (hereinafter referred to as “instant real estate”) on the ground of 535 square meters in Gwangju-si, Gwangju-si (hereinafter referred to as “instant real estate”) with the term of lease from May 29, 2013 to May 29, 2015, and the term “200 million won in lease deposit” (hereinafter referred to as “instant lease agreement”).
(2) The Plaintiff paid KRW 200 million to the Defendant around May 29, 2013, and received the instant real estate from the Defendant around that time, since the Defendant succeeded to a lessor’s status by reason of legacy on February 12, 2014, upon completing the registration of ownership transfer; hereinafter referred to as “Defendant”). (2) The Plaintiff paid KRW 200 million to the Defendant around May 29, 2013.
B. (1) After the termination of the lease agreement, the Plaintiff requested the Defendant to terminate the instant lease agreement on the grounds of his/her change of circumstances, and the Defendant also consented thereto.
Accordingly, the Plaintiff requested several real estate brokerage offices to seek a new lessee of the instant real estate.
(2) On February 18, 2014, the Defendant returned KRW 20 million out of the lease deposit to the Plaintiff on the ground that the Defendant entered into a lease agreement with a new lessee, and around that time, the Plaintiff entered into a new lease agreement to rent the apartment located in Young-gu E-gu, Suwon-si.
C. (1) The payment agreement between the Plaintiff and the Defendant, including interest on loans, was made to make it difficult for the Defendant to pay KRW 180,000,000,000 remaining lease deposit to the Plaintiff, as the above lease agreement with the Defendant and the new lessee was not final and conclusive. On March 18, 2014, the Plaintiff obtained a loan of KRW 180,000,000 from the 180,000,000 won, and paid a new lease deposit from the instant real estate.