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1. The Defendant’s KRW 350,000,000 and annual interest thereon from July 2, 2012 to April 18, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. On September 13, 2010, the Plaintiff entered into a lease agreement with the Defendant as to the second floor of Jongno-gu Seoul E building (hereinafter “instant building”) with the lease deposit of KRW 500,000,000, monthly rent of KRW 11,000,000 (excluding value-added tax) and from September 16, 2010 to September 15, 2012 (hereinafter “instant lease agreement”). The Plaintiff paid KRW 500,000,000 to the Defendant as the special terms of the said lease agreement. Since one year after the conclusion of the said lease agreement, the Defendant returned KRW 50,000,000, KRW 100,000, KRW 1000,000, KRW 1000,000, KRW 100,000, KRW 1000, and KRW 200,000, KRW 100,000.
B. On June 30, 2012, before the expiration of the instant lease agreement, the Plaintiff engaged in bar business in the instant building. Around June 30, 2012, the Plaintiff agreed to terminate the instant lease agreement with the Defendant according to the Plaintiff’s circumstances. Accordingly, the Defendant entered into a new lease agreement with the Intervenor (hereinafter “Supplementary Intervenor”) regarding the instant building by setting the lease deposit amount of KRW 400,000,000, monthly rent of KRW 15,059,000 (including value-added tax and management expenses), and from July 1, 2012 to June 30, 2014, and the Plaintiff transferred the instant building to the Intervenor on July 1, 2012.
On the other hand, the plaintiff and the defendant and the supplementary intervenor paid the plaintiff the amount of money in direct name of the deposit for lease, instead of returning the deposit for lease to the plaintiff by the defendant and paying the deposit for lease to the defendant by the supplementary intervenor. On July 6, 2012, the plaintiff collected KRW 400,000,000 from the defendant as to the building of this case from the defendant and the lease contract of this case is concluded on June 30, 2012.